The Commonwealth of Pennsylvania V. Exxon Mobil Corporation, ET AL.

Filing 885

CASE MANAGEMENT ORDER NO. 127: NOW THEREFORE IT IS ORDERED AS FOLLOWS: Responses and objections to Plaintiff's and Defendants' respective Focus Site Contention Interrogatories shall be served by October 3, 2022, or 30 days after the c lose of expert discovery, whichever is later. Plaintiff's motion for a suggestion of remand ("Remand Motion") shall be filed by November 2, 2022, or 30 days after the deadline for responses and objections to Plaintiff's and De fendants' respective Focus Site Contention Interrogatories pursuant to Paragraph 1, above, whichever is later. Any additional motions for summary judgment for this focus site phase of the case shall be filed on February 2, 2023, or 60 days a fter a decision on Plaintiff's motion to remand to the Eastern District of Pennsylvania (as referenced in Paragraph 2 above), whichever is later. ( Motions due by 2/2/2023.) (Signed by Magistrate Judge Valerie Figueredo on 8/17/2022) (ate)

Case 1:14-cv-06228-VSB-VF Document 885
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE METHYL TERTIARY BUTYL ETHER
(“MTBE”) PRODUCTS LIABILITY LITIGATION
This document relates to:

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

Commonwealth of Pennsylvania, et al. v. Exxon
Mobil Corporation, et al., Case No. 1:14-cv-06228
Vernon S. Broderick, U.S.D.J.
Valerie Figueredo, U.S.M.J
[PROPOSED] CASE MANAGEMENT ORDER NO. 127
WHEREAS, the Court has ordered all expert discovery be concluded by
September 2, 2022 (ECF No. 852).
NOW THEREFORE IT IS ORDERED AS FOLLOWS:
1. Responses and objections to Plaintiff’s and Defendants’ respective Focus Site
Contention Interrogatories shall be served by October 3, 2022, or 30 days after the
close of expert discovery, whichever is later;
2. Plaintiff has informed Defendants that it intends to seek a suggestion of remand to
the Eastern District of Pennsylvania at the conclusion of Focus Site discovery.
Plaintiff’s motion for a suggestion of remand (“Remand Motion”) shall be filed by
November 2, 2022, or 30 days after the deadline for responses and objections to
Plaintiff’s and Defendants’ respective Focus Site Contention Interrogatories
pursuant to Paragraph 1, above, whichever is later. 1 Defendants have informed
Plaintiff that they object to its proposed suggestion of remand and will oppose the
Remand Motion. Defendants’ opposition to the Remand Motion shall be due 45
days after the filing of the Remand Motion. Plaintiff’s reply shall be due 28 days
thereafter. The parties are directed to meet-and-confer prior to the filing of
Plaintiff’s Remand Motion;
3. Any additional motions for summary judgment for this focus site phase of the case
shall be filed on February 2, 2023, or 60 days after a decision on Plaintiff’s motion
to remand to the Eastern District of Pennsylvania (as referenced in Paragraph 2
above), whichever is later; and
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If any deadline referenced in this CMO falls on a weekend or holiday, the filing deadline
shall be the first business day following the referenced deadline.
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Case 1:14-cv-06228-VSB-VF Document 885
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4. Prior to the filing of any additional motion for summary judgment, the parties shall
meet-and-confer in good faith to determine if any argument(s) or request(s) for
relief contemplated by the moving party can be resolved by means that would
obviate filing of the motion, to discuss any options for presenting duplicative
arguments about multiple focus sites in the most efficient manner, and to confer
about a proposed briefing schedule for opposition and reply briefing.
SO ORDERED.
_____________________________
Hon. Vernon S. Broderick, U.S.D.J.
or

Hon. Valerie Figueredo, U.S.M.J.
New York, New York
August 17, 2022

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