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

Filing 4615

PROPOSED STIPULATION AND ORDER. Document filed by Gulf Oil Limited Partnership..(Higgins, Chad)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re: Methyl Tertiary Butyl Ether ("M'113E")
Products Liability Litigation

Master File No. 1:00 - 1898
MDL 1358
M21-88

This Document Relates to:
New Jersey Department of Environmental
Protection, et al. v. Atlantic Richfield Co., et al.
No. 1:08-cv-00312
Commonwealth ofPennsylvania, etc. v.
Exxon Mobil Corporation, et al.,
No. 1:14-cv-06228

DECLARATION OF ROBERT H. SILLIMAN JR.
REGARDING CERTAIN DOCUMENTS
1. I am Robert H. Silliman Jr. and my position is Facilities Manager & Operations Analysist
with Gulf Oil Limited Partnership (GOLP).
2. I make this Declaration on behalf of Gulf Oil Limited Partnership, a defendant in the New
Jersey Department ofEnvironmental Protection, et al. v. Atlantic Richfield Co., et al.,
No. 1:08-cv-00312 and Commonwealth ofPennsylvania, etc. v. Exxon Mobil
Corporation, et al., No. 1:14-cv-06228.
3. The information herein is based upon (1) lily personal knowledge, (2) the records of
GOLP, and (3) information provided to me by the knowledgeable employees of GOLP.
4. GOLP is a Delaware limited partnership with its principal place of business at 80 William
Street, Suite 400, Wellesley Hills, MA 02481.

5. I declare and certify that GOLP has in its possession approximately 600 boxes of paper
records containing only bills of lading and daily folio files from the Linden and
Woodbury Terminals, located in the State of New Jersey.
6. I declare and certify that all relevant substantive information related to New Jersey,
Pennsylvania, and Maryland, in the approximately 600 boxes of paper records from the
Linden and Woodbury Terminals are reliably reflected in the spreadsheets titled "GOLPNJDEP-024637 CONFIDENTIAL (per 2004 IvIDL 138 Order) — FOR OUTSIDE
COUNSEL ONLY.XLSX;" as well as those bates labeled: PAMDL1358-00LP0011676
and PANIDL1358-GOLP0011677 produced in response to Case Management Order 119
in Commonwealth ofPennsylvania, etc. v. Exxon Mobil Corporation, et al., No. 1:14-cv06228; and GOLP-MD-0000001 produced in response to Case Management Order 1 in
State ofMaryland v. ExxonMobil Corp., et al., No. 1:18-CV-00459-SAG (D. Md.).
7. I declare and admit that the spreadsheets titled "GOLP-NJDEP-24637_CONFIDENTIAL
(per 2004 MDL 138 Order) — FOR OUTSIDE COUNSEL ONLY.XLSX," and those
bates labeled PANIDL1358-G0LP0011676; PAMDL1358-G0LP0011677; and GOLPMD-0000001 are authentic under the Federal Rules of Evidence.
8. I declare that on December 3, 2020, relevant scanned samples of the paper records in the
approximately 600 boxes were provided to counsel for Plaintiff in the New Jersey
Department ofEnvironmental Protection, et al. v. Atlantic Richfield Co., et al., No. 1:08cv-00312, Commonwealth ofPennsylvania, etc. v. Exxon Mobil Corporation, et al., No.
1:14-cv-06228, and State ofMaryland v. ExxonMobil Corp., et al., No. 1:18-CV-00459SAG (D. Md.). The six scanned sample records provided to Plaintiffs' counsel were

representative of the type of paper bills of lading and daily folio records contained in the
approximately 600 boxes from both the Linden and Woodbury Terminals.
9. I declare that on November 24, 2020, GOLP produced this spreadsheet titled "GOLPNJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) — FOR OUTSIDE
COUNSEL ONLY.XLSX." to counsel for Plaintiff in the New Jersey Department of
Environmental Protection, et al. v. Atlantic Richfield Co., et al., No. 1:08-cv-00312,
Commonwealth ofPennsylvania, etc. v. Exxon Mobil Corporation, et al., No. 1:14-cv06228, and State ofMaryland v. ExxonMobil Corp., et al., No. 1:18-CV-00459-SAG (D.
Md.).

I declare under penalty of perjury under the laws of the Massachusetts, that the foregoing
Declaration of Robert H. Silliman Jr. is true and correct:
Executed on this 1114tday of February, 2021 at

7-SZ

Robe

illiman J

Facilities Manager & Operations Analysist
Gulf Oil Limited Partnership

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
_______________________________________
In re: Methyl Tertiary Butyl Ether (“MTBE”)
Products Liability Litigation
_______________________________________

Master File No. 1:00 - 1898
MDL 1358
M21-88

This Document Relates to:
New Jersey Department of Environmental
Protection, et al. v. Atlantic Richfield Co., et al.
No. 1:08-cv-00312
Commonwealth of Pennsylvania, etc. v.
Exxon Mobil Corporation, et al.,
No. 1:14-cv-06228
_______________________________________
STIPULATION
NOW COMES Gulf Oil Limited Partnership (GOLP), by and through counsel, and
counsel for Plaintiff in the cases of New Jersey Department of Environmental Protection, et
al. v. Atlantic Richfield Co., et al., No. 1:08-cv-0031, Commonwealth of Pennsylvania, etc. v.
Exxon Mobil Corporation, et al., No. 1:14-cv-06228, and State of Maryland v. ExxonMobil
Corp., et al., No. 1:18-CV-00459-SAG (D.Md.), and HEREBY STIPULATE AND AGREE
as follows:
1. WHEREFORE GOLP admits, stipulates, and agrees that the spreadsheet titled
“GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) – FOR
OUTSIDE COUNSEL ONLY.XLSX,” is authentic.
2. WHEREFORE GOLP stipulates and agrees that in all future proceedings in the cases
listed in paragraph 8, above, it will not object to or otherwise purport that the
spreadsheet “GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) –
FOR OUTSIDE COUNSEL ONLY.XLSX,” is inadmissible based on an objection to

SO ORDERED:
DATED:

_____________________________
Hon. Vernon S. Broderick, U.S.D.J.