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

Filing 4616

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 the "best evidence rule" or "failure to authenticate " under the Federal Rules of Evidence or any similar Federal or State rule or law. 3. WHEREFORE based on the representations made in the foregoing Declaration by Robert H. Silliman Jr. and the Stipulations made by GOLP, above, Plaintiff withdraws its objections to GOLP's Notice of Intent to Destroy the approximately 600 Boxes of paper records containing only bills of lading and daily folio files from the Linden and Woodbury Terminals, referenced above. (Signed by Judge Vernon S. Broderick on 3/16/2021) (nb)