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

Filing 4624

ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANT GETTY PROPERTIES CORP., with DEFENDANT TOTAL PETROCHEMICALS & REFINING USA, INC. and with all parties related to the H.P. DELTA TRIAL SITE re: (4622 in 1:00-cv-01898-VSB, 614 in 1:08-cv-00312-VSB-DCF) Proposed Order, filed by New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Administrator of New Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection. IT IS on this 3rd day of June, 2021 herebyORDERED as follows:1. Special Counsel shall be and herby is entitled to a fee of fifteen percent (15%) of the net recoveries referenced above said amount being two million, four hundred and thirty thousand, eight hundred and sixty five dollars and forty one cents ($2,430,865.41). The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/3/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (kv) Transmission to Finance Unit (Cashiers) for processing.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION; THE
COMMISSIONER OF THE NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; and THE ADMINISTRATOR
OF THE NEW JERSEY SPILL
COMPENSATION FUND,

IN RE MTBE LITIGATION
MASTER FILE No. 1:00-1898
MDL No. 1358 (VSB)
Civil Action No. 08-cv-00312

Plaintiffs,
v.
ATLANTIC RICHFIELD CO., et al.,
Defendants.
ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH
DEFENDANT GETTY PROPERTIES CORP., with DEFENDANT TOTAL
PETROCHEMICALS & REFINING USA, INC. and with all parties related to the H.P.
DELTA TRIAL SITE
THIS MATTER having come before the Court on application by Cohn Lifland Pearlman
Herrmann &Knopf LLP (“CLPHK”) (Leonard Z. Kaufmann appearing), on behalf of CLPHK and
on behalf of Miller and Axline P.C., the Law Offices of John K. Dema, P.C. and Berger &
Montague P.C. (collectively referred to herein as “Special Counsel”), and upon notice to and with
the support of Gurbir S. Grewal, Attorney General of the State of New Jersey, upon motion of
Special Counsel for approval of the attorneys’ fees to be paid on the recovery resulting from the
following settlements:
Defendant Getty Property Corp. in the amount of $13,500,000 approved by this Court on
December 17, 2020,
Defendant Total Petrochemicals & Refining USA, Inc. in the amount of $1,500,000
approved by this Court on January 13, 2021,
Third party defendants named by Getty Property Corp. for the remanded H.P. Delta trial
site, in the amount of $1,350,000 approved by the Hon. Freda Wolfson, U.S.D.J. in the
remand court, the United States District Court for the District of New Jersey, on December
9, 2020.

and the Court having read and considered the papers submitted, and good cause having
been shown for the making and granting of the within Order;
3rd
June
IT IS on this ____________ day of ________________, 2021 hereby

ORDERED as follows:
1.

Special Counsel shall be and herby is entitled to a fee of fifteen percent

(15%) of the net recoveries referenced above– said amount being two million, four hundred
and thirty thousand, eight hundred and sixty five dollars and forty one cents
($2,430,865.41). The Court finds such fee to be reasonable and in accordance with Rule
1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey
Rules of Professional Conduct.
2.

Plaintiffs shall pay said amount to Special Counsel forthwith.

3.

A copy of the within Order shall be served upon the Office of the Attorney

General of the State of New Jersey within five (5) days of the receipt thereof.
SO ORDERED.
Hon. Vernon S. Broderick, U.S.D.J. 6/3/2021

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