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 Filed 02/27/20 Page 21 of 30

litigation;

provided,

however,

that

nothing

in

this

Paragraph

affects the enforceability of this JCO.

XI. GENERAL PROVISIONS
22.

Nothing

in

this

preauthorization of

a

JCO

shall

claim against

be

deemed

the

Spill

to

constitute

Fund within the

meaning of N.J.S.A. 58:10-23.llk. or N.J.A.C. 7:lJ.
23.

To the extent required, all investigation and Remediation of

hazardous substances performed by the Settling Defendants (if any)
under State oversight

(as opposed to federal oversight)

will be

performed pursuant to the Site Remediation and Reform Act, N.J.S.A.
58:lOC-1 et seq., and the accompanying regulations
Licensed Site Remediation Professional)

(e.g., using a

notwithstanding N.J.S.A.

58:10C-27(e).
2 4.

The Plaintiffs enter into this

JCO pursuant to the police

powers of the State of New Jersey for the enforcement of the laws
of the State and the protection of the public health and safety
and the environment.
Defendants

by

this

All obligations imposed upon the Settling
JCO

are

continuing

regulatory

obligations

pursuant to the police powers of the State of New Jersey.
25.

No payment owed or made pursuant to this JCO is intended to

constitute a debt, damage claim, penalty, or other claim that may
be limited or discharged in a bankruptcy proceeding.

21

Case 1:08-cv-00312-VSB-DCF Document 593 Filed 02/27/20 Page 22 of 30

26.

This JCO shall be governed and interpreted under the laws of

the State of New Jersey.
27.

If any provision of this JCO or the application thereof to

any person or circumstance, to any extent, is held to be invalid
or unenforceable,

(a)

the parties hereto shall negotiate in good

faith a valid and enforceable provision as similar in terms to
such invalid or unenforceable provisions as may be possible and
(b)the remainder of this JCO or the application of such provision
to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and
each provision of this

JCO shall be valid and enforced to the

fullest extent permitted by law.

XII. EFFECTIVE DATE
28.

The effective date of this JCO shall be the date upon which

this JCO is entered by the Court.

XIII. RETENTION OF JURISDICTION
29.

This Court retains jurisdiction over both the subject matter

of this JCO and the Parties for the duration of the performance of
the terms and provisions of this JCO for the purpose of enabling
any of the Parties to apply to the Court at any time for such
further

order,

direction,

and

relief

22

as

may

be

necessary

or

Case 1:08-cv-00312-VSB-DCF Document 593 Filed 02/27/20 Page 23 of 30

appropriate for the construction or modification of this JCO,

or

to effectuate or enforce compliance with its terms.

XIV. COOPERATION AND DOCUMENT RETENTION
30.

The

available

Settling
to

Defendants

testify at

agree

to

or prior to

make

trial

current
for

this

employees
case

only

without the need to serve subpoenas so long as such employees are
only asked to appear where they would otherwise be subject to a
proper subpoena and Plaintiffs pay the costs of such employees'
With respect to

travel for the purpose of providing testimony.
former

employees,

Settling

Defendants

agree

to

use

reasonable

efforts to facilitate the appearance of such witnesses to testify
at or prior to trial,

so long as such former employees are only

asked to appear where they would otherwise be subject to a proper
subpoena, Plaintiffs pay the costs of such former employees' travel
for the purpose of providing testimony,
consents

to

appear.

The

Settling

and the former employee

Defendants

will

provide

to

Plaintiffs last known addresses of former employees that are not
willing to voluntarily testify unless prohibited by law or contract
from doing so.
31.

The Settling Defendants shall comply with the provisions of

the March 15, 2005 Order for Preservation of Documents entered in
this matter for so long as required under the terms of that Order.

23

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XV. MODIFICATION
32.

This JCO may only be modified by written agreement between

the Parties with approval by the Court and represents the entire
integrated

agreement

between

the

Plaintiffs

and

the

Settling

Defendants, and supersedes all prior negotiations, representations
or agreements, either written or oral.
33.

Nothing in this JCO shall be deemed to alter the Court's power

to enforce, supervise, or approve modifications to this JCO.

XVI. ENTRY OF THIS JCO
34.

The

without

Settling Defendants
further

notice

after

consent to
the

the

comment

entry of this

period

specified

JCO
in

Paragraphs 18 and 19 above.
35.

Upon

conclusion

cornrnent(s)

received

of
as

the
a

Plaintiffs'

result

of

the

review
notice

of

any

public

described

in

Paragraphs 18 and 19 above, the Plaintiffs shall promptly submit
this JCO to the Court for entry.
36.

If for any reason the Court should decline to approve this

JCO in the form presented, this agreement is voidable at the sole
discretion of any Party and the terms of the agreement may not be
used as

evidence in any litigation among the

Parties

or third

parties.
37.

Within thirty days of the Plaintiffs'

set forth in Section V above,

receipt of payment as

Plaintiffs shall request that the

24

Case 1:08-cv-00312-VSB-DCF Document 593 Filed 02/27/20 Page 25 of 30

Court dismiss this Complaint as to GPMI and the Lukoil Defendants
with prejudice pursuant to Fed. R. Civ. P.

41 (a)

(2).

XVII. SIGNATORIES/SERVICE
38.

Each undersigned representative of

Plaintiffs

and Settling

Defendants to this JCO certifies that he or she is authorized to
enter into the terms and conditions of this JCO,

and to execute

and legally bind such Party to this JCO.
39.

This

JCO

counterparts,

may
each

be
of

signed
which

and

shall

dated
be

an

in

any

original,

number
and

of
such

counterparts shall together be one and the same JCO.
40.

Settling Defendants identify in this paragraph an agent who

is authorized to accept service of process by mail on their behalf
with respect to all matters arising under or relating to this JCO.
Settling Defendants agree to accept service in this manner, and to
waive the formal service requirements set forth in the New Jersey
Rules

of

Court

or

Federal

Rules

of

Civil

service of a summons.
For GPMI:
Matthew G. Parisi
Bleakley Platt & Schmidt, LLP
One North Lexington Ave.
White Plains, NY 10601
For all of the Lukoil Defendants:
Abid Qureshi
Joseph L. Sorkin
Akin Gump Strauss Hauer & Feld LLP
25

Procedure,

including