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

Filing 4521

ORDER granting (285) Motion to Appoint New Settlement Master in case 1:03-cv-08248-SAS; granting (335) Motion to Appoint New Settlement Master in case 1:03-cv-09050-SAS. The Honorable Francis Nicolai is hereby appointed Settlement Master pursuant to the Settlement Agreement between the parties to the matters entitled Tonneson et al. v. Sunoco, Inc., et al., 03 Civ. 8248, and Basso, et al. v. Sunoco, Inc., et al., 03 Civ. 9050. The Court finds that the duties of the Settlement Master will be the same as those outlined in the original Settlement Agreement entered into in or about December 2008. The Settlement Master has provided an affidavit disclosing that there is no grounds for disqualification under 28 U.S.C. Section 455. See Fed. R. Civ. P. 53(a)(2) and (b)(3). The Settlement Master's term of service will end when his duties are completed or the Court terminates the appointment, whichever comes first. The Settlement Master shall proceed with all reasonable diligence to perform his duties. See Fed. R. Civ. P. 53(b)(2). The Hon. Francis Nicolai is well qualified to serve as Settlement Master in this matter. The Settlement Agreement agrees to the appointment of a Settlement Master for the duties as outlined in that document and herein. The Settlement Master's duties will be governed by the Settlement Agreement under the terms consented to by the parties. The Settlement Master shall have the authority take appropriate measures to perform his duties fairly and efficiently. See Fed. R. Civ. P. 53(c). The Settlement Master's authority will otherwise be governed by the Settlement Agreement under the terms consented to by the parties. The Settlement Master's compensation will be governed by the terms and conditions of the Settlement Agreement. (Signed by Judge Vernon S. Broderick on 10/24/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS (mro)

Case 1:03-cv-08248-SAS Document 287-5 Filed 08/22/18 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re: Methyl Tertiary Butyl Ether
(
"MTBE")Products Liability Litigation

Master File No. 1:00-1898
MDL 1358(SAS)
M21-88

This document relates to:
PROPOSED ORDER
Tonneson. et al. v. Sunoco, Inc., et al., 03 Civ. 8248
and
Basso, et al. v. Sunoco, Inc., et al., 03 Civ. 9050

WHEREAS,the plaintiff, the third-party defendant and one ofthe defendants in the actions
entitled Tonneson. et al. v. Sunoco, Inc., et al., 03 Civ. 8248 and Basso, et al. v. Sunoco, Inc., et
al., 03 Civ. 9050 entered into a Settlement Agreement in or about December 2008(the "Settlement
Agreement");
WHEREAS, pursuant to the terms and conditions of the Settlement Agreement, a
Settlement Master, the Honorable Justice Samuel G. Fredman, retired, was appointed, inter alia,
to manage the funds from the settlement and disburse or reserve such funds pursuant to the
Settlement Agreement;
WHEREAS,on March 14, 2018, Justice Fredman passed away;
WHEREAS,as ofthe date of Justice Fredman's passing, the administration of the matters
assigned to him pursuant to the Settlement Agreement was substantially complete, but certain tasks
remain to be completed before the position of Settlement Master can be terminated;
WHEREAS,pursuant to the terms ofthe Settlement Agreement,the Plaintiffs agreed "that
at any such time that the Settlement Master is unable to fulfill his duties pursuant to this Settlement
Agreement, Plaintiffs shall select an individual with a comparable stature, who is also a retired
jurist, to replace the Settlement Master" named therein;

Case 1:03-cv-08248-SAS Document 287-5 Filed 08/22/18 Page 2 of 3

WHEREAS,the Plaintiffs, through their counsel, Miller & Axline, have selected the Hon.
Francis Nicolai as Settlement Master in this matter to replace the late Judge Fredman;
WHEREAS, Judge Nicolai, presently retired from the bench, is eminently qualified to
serve as Settlement Master in this matter, having served with distinction as a Justice ofthe Supreme
Court of the State of New York, Ninth Judicial District, the Administrative Judge of the Ninth
Judicial District, Justice of the New York Supreme Court, Westchester County and Presiding
Justice ofthe Appellate Term for the Ninth and Tenth Judicial Districts; it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1.

The Honorable Francis Nicolai is hereby appointed Settlement Master pursuant to

the Settlement Agreement between the parties to the matters entitled Tonneson. et al. v. Sunoco,
I
nc., et al., 03 Civ. 8248, and Basso, et al. v. Sunoco, Inc., et al., 03 Civ. 9050.
2
.

The Court finds that the duties of the Settlement Master will be the same as those

outlined in the original Settlement Agreement entered into in or about December 2008.
3
.

The Settlement Master has provided an affidavit disclosing that there is no grounds

f disqualification under 28 U.S.C. Section 455. See Fed. R. Civ. P. 53(a)(2) and (b)(3).
or
4
.

The Settlement Master's term of service will end when his duties are completed or

the Court terminates the appointment, whichever comes first.
5.

The Settlement Master shall proceed with all reasonable diligence to perform his

duties. See Fed. R. Civ. P. 53(b)(2).
6
.

The Hon. Francis Nicolai is well qualified to serve as Settlement Master in this

7.

The Settlement Agreement agrees to the appointment of a Settlement Master for

matter.

the duties as outlined in that document and herein.

2
GS8:9415035.2

Case 1:03-cv-08248-SAS Document 287-5 Filed 08/22/18 Page 3 of 3

8.

The Settlement Master's duties will be governed by the Settlement Agreement

under the terms consented to by the parties.
9
.

The Settlement Master shall have the authority take appropriate measures to

perform his duties fairly and efficiently. See Fed. R. Civ. P. 53(c).
10.

The Settlement Master's authority will otherwise be governed by the Settlement

Agreement under the terms consented to by the parties.
1 1.

The Settlement Master's compensation will be governed by the terms and

conditions of the Settlement Agreement.

Dated this 24th of October

,2018
ENTER:

3
656:9415035.2