In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4465

DECLARATION of Michael Axline (SUPPLEMENTAL) in Support re: (488 in 1:04-cv-04968-VSB) MOTION to Remand Phase 1 Claims Against Shell and BP Defendants.. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE: METHYL TERTIARY BUTYL
ETHER ("MTBE") PRODUCTS
LIABILITY LITIGATION

Master File No.
MDL
M21-88

1:00-1898
1358 (VSB)

This document relates only to:
Orange County Water District v.
Unocal, et al.,
Case No. 04 Civ. 4968

SUPPLEMENTAL DECLARATION OF MICHAEL AXLINE IN SUPPORT OF
PLAINTIFF ORANGE COUNTY WATER DISTRICT'S REPLY IN SUPPORT OF
MOTION TO REMAND PHASE 1 CLAIMS AGAINST DEFENDANTS TEXACO
REFINING AND MARKETING, INC., EQUILON ENTERPRISES LLC, SHELL OIL
COMPANY, D/B/A SHELL OIL PRODUCTS US, ATLANTIC RICHFIELD COMPANY,
F/K/A ARCO PETROLEUM COMPANY, D/B/A ARCO PRODUCTS COMPANY A/KIA
ARCO, BP PRODUCTS NORTH AMERICA, INC., BP WEST COAST LLC

I, Michael Axline, declare:
1. I am one of the attorneys of record in this case for plaintiff Orange County Water
District. I make this declaration from personal knowledge.
2. Attached as Exhibit l is a tme and correct copy of relevant pages from the Brief of
Defendants-Appellees Atlantic Richfield Company, BP Products North America Inc., BP West
Coast Products LLC, Shell Oil Company, Equilon Enterprises LLC, and Texaco Refining and
Marketing Inc., NIKIA TMR Company, filed on June 8, 2016.
3. Attached as Exhibit 2 is a true and correct copy of relevant pages from Appellees'
Petition for Rehearing, filed on June 26, 2017.
4. Attached as Exhibit 3 is a tme and correct copy of relevant pages from BP and Shell
Defendants' Opposition to Plaintiff Orange County Water Districts' "Motion to Remand" Phase I
Claims and Request for a Scheduling Order, filed on August 8, 2017.
5. Attached as Exhibit 4 is a true and correct copy of relevant pages from Orange County
Water District's Final Budget Report, Fiscal Year 2006-07.
6. Attached as Exhibit 5 is a true and correct copy of relevant pages from Orange County
Water District's Budget Report, Fiscal Year 2007-08.
7. Attached as Exhibit 6 is a true and correct copy of relevant pages from Orange County
Water District's Budget Report, Fiscal Year 2008-09.
8. Attached as Exhibit 7 is a true and correct copy of the Order Delineating Trial
Structure and Schedule, dated September 2, 2016.
9. Attached as Exhibit 8 is a true and correct copy of the Order Denying Defendants'
Motion for Summary Judgment, dated November 3, 2016.
1

10. Attached as Exhibit 9 is a true and correct copy of the Order Denying Defendants'

Daubert Motion to Exclude the Testimony of Dr. Wheatcraft, dated January 31, 2017.
11. Attached as Exhibit 10 is a true and correct copy of the Judicial Panel on Multidistrict
Litigation's Transfer Order, dated June 16, 2004.

2

EXHIBIT 1

Case 15-3934, Document 81, 06/08/2016, 1789383, Pagel of 73

•
IN THE

~ttitW ~ta:tes

Cl!nurt nf J\ppia:ls

FOR THE SECOND CIRCUIT

IN RE: METHYL TERTIARY BUTYL ETHER ("MTBE")
PRODUCTS LIABILITY LmGATION.
ORANGE COUNTY WATER. DISTRICT,

-.against-

Plaintiff-Appellant,

TExAco REFINING AND MARKBTING, INC., EQUll.ON ENTERPllISBS LLC, SHELL
OIL COMPANY, d/b/a SHELL 'OIL PRODUCTS US, ATLANTIC R.rCHFIBLD COMPANY,
f/k/a ARCO PETROLEUM COMPANY, .dfb/a ARc·o PRODUCTS COMPANY, a/k/a
ARCO, BP PRODUCTS NORTH AMERICA, INC., BP WEST COAST LLC, (DOE 3),
Defendants-A.ppellees,
(Caption continued on inside cover)
ON APPEAL FR.OM THE UNITBD STATES DISTRICT COUllT
FOR THB SOU'l'HBRN DISTRICT OP NBW YORK

BRIEF OF DEFENDANTS-APPELLE~S ATLANTIC RIC;llFIELD
COMPANY, BP PRODUCTS NORTH AMERICA INC.,
BP WEST COAST PRODUCTS LLC, SHELL OIL COMPANY,
EQUILON ENTERPRISES LLC, AND TEXACO REFINING
AND MARKETING INC., NIK/A TMR COMPANY
MATTHEW T. HEARTNEY
ARNOLD & P~RTER LLP

.
777 South F~gueroa Street, 44th Floor
Los Angeles, California 90017
(213) 243-40()0 .
Attorneys for Defendants-A.ppellees
Atlantic Richfield Company, f/k/a
Arco Petroleum Company, d/bla
Arco Products Company, a/kla Arco,
BP Products North America Inc. and
BP West Coast Products LLC

PETER C. CONDRON
SEDGWICK. LLP

2900 K Street, NW, Suite SOO
Washington, DC 20007
[phone]

.Attorneys for Defendants-Appellees
Shell Oil Compa"JI, Equilon
Enterprises LLC, and Tuaco
Refining-and Marketing Inc., nlkla
TMR. Company

(Counsel continued on inside cover)