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

Filing 4500

ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The Plaintiff and ConocoPhillips have advised the Court that they have resolved the matters between them pursuant to the Settlement Agreement. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ConocoPhillips from this action. The actions of Plaintiff against ConocoPhillips before this Court are hereby DISMISSED WITH PREJUDICE. Each party shall bear its own costs, expenses, and attorney's fees in connection with this dismissal, and as further set forth in this order. (Docketed in 4cv4968 and 00cv1898) Conocophillips Company, terminated. (Signed by Judge Vernon S. Broderick on 4/5/2018) (ap) Modified on 4/6/2018 (ap).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

4/5/2018

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

This document relates to:
Orange County Water District v. Unocal
Corp., et al., No. 04 Civ. 04968

Master File C.A. No.
1:00-1898 (VSB)
MDL 1358
ORDER OF DISMISSAL WITH
PREJUDICE

Plaintiff Orange County Water District (“Plaintiff”) and Tosco Corporation,
ConocoPhillips Company, f/k/a Phillips Petroleum Company, individually and as successor-ininterest to Tosco Corporation, and Phillips 66 (collectively, “ConocoPhillips”) have advised the
Court that they have resolved the matters between them pursuant to a settlement agreement and
release (“Settlement Agreement”) entered into following the remand of this matter to the United
States District Court for the Central District of California under the caption Orange County
Water District v. Unocal Corp., et al., No. 8:03-cv-01742. The Settlement Agreement has been
determined by that court to have been entered into in good faith.1 As the Settlement Agreement
resolves all claims brought by Plaintiff against ConocoPhillips in both the action remanded to the

1

The Settlement Agreement dated as of October 11, 2017 was filed in the Central District of
California action on October 31, 2017 in connection with a motion for good faith settlement
determination under California law. See Def. Phillips 66’s Mot. for Order Determining Good
Faith Settlement and Ex. 1, ECF No. 294. The motion was granted on December 11, 2017 and a
judgment entered on January 3, 2018. See Order Granting Mot. for Order Determining Good
Faith Settlement, ECF No. 311; Order of Dismissal, ECF No. 317.

Central District of California and the action pending before this Court, the Court finds that
Plaintiff’s claims against ConocoPhillips should be dismissed with prejudice and that:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
1. The Plaintiff and ConocoPhillips have advised the Court that they have resolved
the matters between them pursuant to the Settlement Agreement.
2. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal
with prejudice of ConocoPhillips from this action.
3. The actions of Plaintiff against ConocoPhillips before this Court are hereby
DISMISSED WITH PREJUDICE. Each party shall bear its own costs, expenses,
and attorney’s fees in connection with this dismissal.
IT IS SO ORDERED.
April 5, 2018
DATED: _____________________

___________________________
HON. VERNON S. BRODERICK
UNITED STATES DISTRICT JUDGE

2