In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
Filing 4600
JUDICIAL CONSENT ORDER AS TO DEFENDANT GETTY PROPERTIES CORP. ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendant, as defined below (each, a "Party" and collectively, the "Parties"). Within fourteen (14) Days after the effective date of this JCO, GPC shall pay, or cause to be paid on its behalf, to the Plaintiffs Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) (the "Settlement Payment") 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. The amount specified in Paragraph 5(a) above shall be paid by wire transfer pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Director/StateForester, New Jersey Department of Environmental Protection atJohn.Sacco@dep.nj.gov; David E. Haymes, Administrator, SpillCompensation Fund, New Jersey Department of EnvironmentalProtection at David.Haymes@dep.nj.gov and to Gary Wolf, SectionChief, Environmental Enforcement and Environmental Justice Section, Division of Law, Department of Law and Public Safety atGary.Wolf@law.njoag.gov or such other persons as Plaintiffs maydesignate. Nothing contained in this JCO shall be considered an admissionby the Settling Defendant, or a finding by the Plaintiffs or thisCourt, of any wrongdoing or liability on the Settling Defendant'spart. The Effective Date of this JCO shall be the date upon whichthis JCO is entered by the Court. The Parties to this JCO agree that it was negotiated fairlybetween them at arms' length and that the final terms of this JCOshall be deemed to have been jointly and equally drafted by them,and that the provisions of this JCO therefore should not beconstrued against a Party to it on the grounds that the Partydrafted or was more responsible for drafting the provision(s) and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 12/17/2020) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
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