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

Filing 4604

JUDICIAL CONSENT ORDER AS TO TOTAL PETROCHEMICALS & REFINING USA, INC. 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"). (a) Within fourteen (14) Days after the effective date of this JCO, Total shall pay, or cause to be paid on its behalf, to the Plaintiffs the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) 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 in this JCO shall be deemed to constitute preauthorization of a claim against the Spill Fund within the meaning of N.J.S.A. 58:10-23.llk. or N.J.A.C. 7:1J. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. The Settling Defendant 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. The Settling Defendant consents to the entry of this JCO without further notice after the comment period specified in Paragraphs 18 and 19 above. Upon conclusion of the Plaintiffs' review of any public comment(s) received as a result of the notice described in Paragraphs 18 and 19 above, the Plaintiffs shall promptly submit this JCO to the Court for entry. 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 Total 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. (Signed by Judge Vernon S. Broderick on 1/12/2021) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)