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

Filing 4505

ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA, INC., ATLANTIC RICHFIELD COMPANY, EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC, SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC AND SHELL TRADING (US) COMPANY: Special Counsel shall be and hereby is entitled to a fee of twenty percent (20%) of the net recovery over $2 million and up to $250 million and fifteen percent (15%) of the net recovery in excess of $250 million resulting from the settlement with Shell - said amount being twelve million, one hundred and fourteen thousand, four hundred and eighty dollars and eighty six cents ($12,114,480.86), and also fifteen percent (15%) of the net recovery resulting from the settlement with BP - said amount being nine million, six hundred and fifty eight thousand, one hundred and twelve dollars and eighteen cents ($9,658,112.18). The Court finds such fee to be reasonable and in accordance with Rule 1 :21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amounts to Special Counsel forthwith, specifically: twenty one million, seven hundred and seventy two thousand, five hundred and ninety three dollars and four cents (21,772,593.04). The parties shall serve a copy of the within Order upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (Signed by Judge Vernon S. Broderick on 5/15/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(tro) Modified on 5/15/2018 (tro). (Main Document 4505 replaced on 5/15/2018) (tro).

Case 1:00-cv-01898-VSB Document 4505 Filed 05/15/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION; THE
COMMISSIONER OF THE NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; and THE ADMINISTRATOR
OF THE NEW JERSEY SPILL
COMPENSATION FUND,

IN RE MTBE LITIGATION
MASTER FILE No. 1:00-1898
MDL No. 1358 (VSB)
Civil Action No. 08-cv-00312

Plaintiffs,
v.

ATLANTIC RICHFIELD CO., et al.,
Defendants.
ORDER FOR FEES RELATED TO THE SETTLEMENT WITH
DEFENDANTS BP AMERICA INC., BP AMOCO CHEMICAL COMPANY,
BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION),
BP PRODUCTS NORTH AMERICA INC., ATLANTIC RICHFIELD COMPANY,
EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC,
SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC,
AND SHELL TRADING (US) COMPANY
THIS MATTER having come before the Court on application by Cohn Lifland Pearlman

Herrmann &Knopf LLP ("CLPHK") (Leonard Z. Kaufmann appearing), on behalf of CLPHK
and on behalf of Miller and Axline P.C., the Law Offices of John K. Dema, P.C. and Berger &
Montague P.C. (collectively referred to herein as "Special Counsel"), and upon notice to and with
the support of Gurbir S. Grewal, Attorney General of the State of New Jersey, upon motion of
Special Counsel for approval of the attorneys' fees to be paid on the recovery resulting from the
settlement with defendants BP America Inc., BP Amoco Chemical Company, BP Corporation
North America Inc. (f/k/a BP Amoco Corporation), BP Products North America Inc., and Atlantic
Richfield Company (collectively "BP"), and the settlement with Equilon Enterprises LLC, Motiva
Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, and Shell Trading (US)

Case 1:00-cv-01898-VSB Document 4505 Filed 05/15/18 Page 2 of 2

Company (collectively "Shell"), and the Court having read and considered the papers submitted,
and good cause having been shown for the making and granting of the within Order;
15th
May
IT IS on this _ _ _ _ _ day of _ _ _ _ _ _ _ 2018; hereby

ORDERED as follows:

1.

Special Counsel shall be and herby is entitled to a fee of twenty percent (20%) of

the net recovery over $2 million and up to $250 million and fifteen percent (15%) of the net
recovery in excess of $250 million resulting from the settlement with Shell - said amount being
twelve million, one hundred and fourteen thousand, four hundred and eighty dollars and eighty six
cents ($12,114,480.86), and also fifteen percent (15%) of the net recovery resulting from the
settlement with BP - said amount being nine million, six hundred and fifty eight thousand, one
hundred and twelve dollars and eighteen cents ($9,658,112.18). The Court finds such fee to be
reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey
and Rule 1.5 of the New Jersey Rules of Professional Conduct.
2.

Plaintiffs shall pay said amounts to Special Counsel forthwith, specifically: twenty

one million, seven hundred and seventy two thousand, five hundred and ninety three dollars and
four cents (21,772,593.04).
The parties shall serve

3.

A copy of the within Order shall be served upon the Office of the Attorney General

of the State of New Jersey within five (5) days of the receipt thereof.
SO ORDERED.

Vernon S. Broderick 5/15/2018
United States District Judge

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