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

Filing 4543

NOTICE of Settlement . Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Heartney, Matthew)

Exhibit C

Case 8:03-cv-01742-CJC-DFM Document 603-2 Filed 01/23/19 Page 1 of 2 Page ID
#:27124

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TIMOTHY R. MACDONALD (Admitted Pro Hac Vice)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
370 Seventeenth Street, Suite 4400
Denver, CO 80202-1370
Telephone: [phone]
Facsimile: 303.832.0428
MATTHEW T. HEARTNEY (State Bar No. 123516)
[e-mail]
STEPHANIE B. WEIRICK (State Bar No. 204790)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
777 South Figueroa Street, 44th Floor
Los Angeles, CA 90017-5844
Telephone: [phone]
Facsimile: 213.243.4199
Attorneys for Atlantic Richfield Company, BP West Coast
Products LLC, and BP Products North America Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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ORANGE COUNTY WATER
DISTRICT,
Plaintiff,

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v.
UNOCAL CORPORATION, et al.,
Defendants.

Case No. 8:03-cv-01742-CJC (DFMx)
Assigned to: Hon. Cormac J. Carney
[PROPOSED] ORDER GRANTING
MOTION FOR ORDER
DETERMINING GOOD FAITH
SETTLEMENT
Date: February 25, 2019
Time: 1:30 p.m.
Courtroom: 7C
Judge: Hon. Cormac J. Carney

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-1Case No. 8:03-cv-01742-CJC (ANx)
[PROPOSED] ORDER GRANTING MOTION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT

Case 8:03-cv-01742-CJC-DFM Document 603-2 Filed 01/23/19 Page 2 of 2 Page ID
#:27125

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The Motion of Defendants Atlantic Richfield Company, BP West Coast

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Products LLC, and BP Products North America Inc. (collectively, “BP”) for Order

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Determining Good Faith Settlement (the “Motion”) came on for hearing in this Court

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on February 25, 2019. Having considered the papers submitted by the parties, and for

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good cause shown, the Court will and hereby does issue the following orders:

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1)

The Settlement Agreement, Exhibit 1 to the Declaration of Matthew T.

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Heartney, between Plaintiff Orange County Water District (“OCWD”)

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and BP, was entered into in good faith, as defined under California Code

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of Civil Procedure sections 877 and 877.6;

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2)

The negotiations of the Settlement Agreement between OCWD and BP

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were conducted fairly, in good faith, and at arm’s length, and there is no

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evidence of bad faith, fraud, collusion, tortious conduct, or any intent to

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impact unfairly or injure the rights or interests of other defendants,

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former defendants, prior settling defendants, or others;

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3)

Pursuant to California Code of Civil Procedure section 877.6(c), all

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parties who are released from claims by OCWD under the Settlement

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Agreement are entitled to protection as settling tortfeasors to the extent

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provided by California Code of Civil Procedure section 877.6(c); and

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4)

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Pursuant to Federal Rule of Civil Procedure 54(b), final judgment is
entered.

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IT IS SO ORDERED.

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Dated:

B y:
Hon. Cormac J. Carney

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-2Case No. 8:03-cv-01742-CJC (ANx)
[PROPOSED] ORDER GRANTING MOTION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT