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

Filing 4644

MOTION to Dismiss the Second Amended Complaint. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL..(Sorkin, Joseph)

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

____________________________________

ORAL ARGUMENT REQUESTED

This Document Relates To:
Commonwealth of Pennsylvania, et al. v. Exxon
Mobil Corp., et al.,
No. 1:14-CV-06228-VSB-DCF
____________________________________
PLEASE TAKE NOTICE that under Federal Rules of Civil Procedure 12(b)(2) and
12(b)(6), PJSC LUKOIL (“PJSC”) hereby moves to dismiss the Second Amended Complaint
filed against it in the above-captioned action for lack of personal jurisdiction and for failure to
state a claim, and for such other and further relief as the Court determines to be just and proper.
This motion is made upon the accompanying Declaration of Anatoly Martynov sworn to on
September 29, 2021;1 the accompanying Memorandum of Law in support; and any reply brief
and/or oral argument that may be submitted or made by PJSC in support of this motion.
PLEASE ALSO TAKE NOTICE that under Federal Rules of Civil Procedure 12(b)(2)
and 12(b)(6), LUKOIL Pan Americas LLC (“LPA”) hereby moves to dismiss the Second
Amended Complaint filed against it in the above-captioned action for lack of personal
jurisdiction and for failure to state a claim, and for such other and further relief as the Court
determines to be just and proper. This motion is made upon the accompanying Declaration of

1

PJSC’s Motion to Dismiss under 12(b)(6) in no way relies on the factual information contained in the
Declaration of Anatoly Martynov.

Stephen Wolfe sworn to on October 1, 2021;2 the accompanying Memorandum of Law in
support; and any reply brief and/or oral argument that may be submitted or made by LPA in
support of this motion.
PLEASE ALSO TAKE NOTICE that under Federal Rule of Civil Procedure 12(b)(6),
LUKOIL North America LLC (“LNA”) hereby moves to dismiss the Second Amended
Complaint filed against it in the above-captioned action for failure to state a claim, and for such
other and further relief as the Court determines to be just and proper. This motion is made upon
the accompanying Memorandum of Law in support and any reply brief and/or oral argument that
may be submitted or made by LNA in support of this motion.
Dated: October 1, 2021

Respectfully submitted,
/s/ Joseph L. Sorkin
Joseph L. Sorkin
Anne M. Evans
AKIN GUMP STRAUSS HAUER & FELD LLP
One Bryant Park
New York, New York 10036
Phone: [phone], Fax: [phone]
[e-mail]
[e-mail]
Ellen L. Pierce (admitted pro hac vice)
AKIN GUMP STRAUSS HAUER & FELD LLP
Two Commerce Square
2001 Market Street
Suite 4100
Philadelphia, PA 19103
Phone: [phone], Fax: [phone]
[e-mail]
Attorneys for PJSC LUKOIL, LUKOIL North
America LLC, and LUKOIL Pan Americas LLC

2

LPA’s Motion to Dismiss under 12(b)(6) in no way relies on the factual information contained in the
Declaration of Stephen Wolfe.

2