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

Filing 4583

JUDICIAL CONSENT ORDER AS TO GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil OilCompany; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a/PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to GettyPetroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC ONLY:THEREFORE, with the consent of the Parties to this JCO,it is hereby ORDERED and ADJUDGED: Within fourteen (14) Days after the effective date of this JCO, GPMI and/or the Lukoil Defendants shall pay, or cause to be paid on their behalf, the Plaintiffs Twenty Two Million Dollars ($22,000,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Nothing contained in this JCO shall be considered an admission by the Settling Defendants, or a finding by the Plaintiffs or this Court, of any wrongdoing or liability on the Settling Defendants' part. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to GPMI and the Lukoil Defendants with prejudice pursuant to Fed. R. Civ. P. 41 (a) (2). The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s) and further set forth in this Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)

Case 1:08-cv-00312-VSB-DCF Document 593-2 Filed 02/27/20 Page 49 of 52

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE METHYL TERTIARY BUTYL
ETHER ("MTBE") PRODUCTS LIABILITY
LITIGATION
This document relates to:

New Jersey Department of
Environmental Protection, et al.
v. Atlantic Richfield Co.,
et al.,

Master File No.
1:00-1898
MDL 1358 (VSB)
Civil Action No.
00312

08-Ci v.

STIPULATION RELATED TO
SETTLEMENT as to GETTY
PETROLEUM MARKETING,
INC.; LUKOIL AMERICAS
CORPORATION individually
and as f/k/a, d/b/a
and/or successor in
liability to Getty
Petroleum Marketing
Inc., Lukoil North
America LLC and/or
Lukoil Oil Company;
LUKOIL NORTH AMERICA
LLC, individually and as
f/k/a, d/b/a and/or
successor in liability
to Getty Petroleum
Marketing, Inc., Lukoil
Americas Corporation
and/or OAO Lukoil;
LUKOIL OIL COMPANY,
a/k/a OAO Lukoil a/k/a
Public Joint Stock
Company Oil Company
LUKOIL a/k/a/PJSC Oil
Company Lukoil,
individually and as
f/k/a, d/b/a and/or
successor in liability
to Getty Petroleum
Marketing Inc., Lukoil
Americas Corporation
and/or Lukoil North

Case 1:08-cv-00312-VSB-DCF Document 593-2 Filed 02/27/20 Page 50 of 52

America LLC; LUKOIL PAN
AMERICAS, LLC ONLY

VERNON S. BRODERICK, U.S.D.J.:

WHEREAS plaintiffs and defendants GETTY PETROLEUM MARKETING,
INC.
f/k/a,

( "GPMI"), LUKOIL
d/b/a

and/or

AMERICAS
successor

CORPORATION

individually

and

as

in liability to Getty Petroleum

Marketing Inc. , Lukoil North America LLC and/ or Lukoil Oil Company;
LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or
successor in liability to Getty Petroleum Marketing, Inc., Lukoil
Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a
OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL
a/k/a/PJSC Oil Company Lukoil,

individually and as f/k/a,

d/b/a

and/or successor in liability to Getty Petroleum Marketing Inc.,
Lukoil Americas Corporation and/or Lukoil North America LLC; and
LUKOIL PAN AMERICAS, LLC entered into a settlement agreement (the
"Lukoil/GPMI Settlement")

1

that is being submitted to this Court

for approval; and

1

The Parties agree that the entities are correctly identified in
the Judicial Consent Order which is intended to include LUKOIL
AMERICAS CORPORATION ("LAC"); LUKOIL NORTH AMERICA LLC ("LNA");
OAO LUKOIL ("OAO LUKOIL") n/k/a PUBLIC JOINT STOCK COMPANY OIL
COMPANY LUKOIL ("PJSC LUKOIL"); and LUKOIL PAN AMERICAS, LLC
( "LPA'') (each of LAC, LNA, PJSC LUKOIL and LPA referred to
hereinafter collectively as "the Lukoil Defendants").

Case 1:08-cv-00312-VSB-DCF Document 593-2 Filed 02/27/20 Page 51 of 52

WHEREAS

certain

non-settling

defendants

have

previously

objected to the settlement in this case between defendant CITGO
Petroleum Corporation and plaintiffs; and
WHEREAS the Court denied the motion to approve the settlement
between CITGO Petroleum Corporation and plaintiffs;
THEREFORE,
previous

in

objections

response
of

the

to

the

Court's

decision

non-settling defendants,

and

the

plaintiffs

stipulate and agree as follows:
1.

Plaintiffs

agree

to

reduce

any

judgment,

and

if

necessary, agree not to seek to collect or to collect in this
litigation, captioned New Jersey Department of Environmental
Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312

(S.D.N.Y.), or in any subsequent judicial, administrative or
other action that arises as a result of the claims asserted
in this litigation, any portion of any judgment under the New
Jersey Spill Compensation and Control Act,

N.J.S.A.

58:10-

23.11 to -23.24 ("Spill Act"), that is allocated by the fact
finder in this action to GPMI or the Lukoil Defendants based
on their percentage of relative

fault.

agree that in any trial of this action,

Plaintiffs

further

the trier of fact

shall determine GPMI's and the Lukoil Defendants' percentage
of relative fault for Spill Act claims in the same manner and
in the same form of trial verdict as for common law claims

Case 1:08-cv-00312-VSB-DCF Document 593-2 Filed 02/27/20 Page 52 of 52

and as for all other defendants, as if GPMI and the Lukoil
Defendants had remained non-settling defendants.
Except

as

Stipulation

is

2.

provided
strictly

in

paragraph

limited

to

the

1

above,

Lukoil

/

this
GPMI

Settlement in this litigation and in no other way limits or
reduces the liability of any responsible party.
3.

This Stipulation is expressly contingent and effective

only upon the

approval

by the

Court

of

the

Lukoil

/GPMI

Settlement.

COHN LIFLAND PEARLMAN
HERRMANN & KNOPF LLP

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW
JERSEY

Special Counsel to the
Attorney General

BY:

BY:
Leonard Z. Kaufmann,
A Member of the Firm
DATE:

SO ORDERED:

HON. Vernon S. Broderick, U.S.D.J.
DATE:

Gwen Farley,
Deputy Attorney General
DATE: