CAITLIN SPECIALTY INSURANCE COMPANY v. J.J. WHITE, INC.

Filing 134

ORDER THAT MOTION FOR CLARIFICATION, OR ALTERNATIVELY, RECONSIDERATION, FILED BY DEFT/COUNTERPLAINTIFF J.J. WHITE, INC. & COUNTERPLAINTIFFS SUNOCO, INC. & SUNOCO, INC. (R&M) (DOC. NO. 117) IS GRANTED, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/26/19. 6/27/19 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________________ CATLIN SPECIALTY INSURANCE CO., : : Plaintiff/Counterdefendant, : v. : : J.J. WHITE, INC., : : Defendant/Counterplaintiff, : : SUNOCO, INC., et al., : : Counterplaintiffs. : ____________________________________________: CIVIL ACTION No. 14-1255 ORDER AND NOW, this 26th day of June, 2019, upon consideration of the “Motion for Clarification, or Alternatively, Reconsideration” filed by Defendant/Counterplaintiff J.J. White, Inc. and Counterplaintiffs Sunoco, Inc. and Sunoco, Inc. (R&M) (Doc. No. 117), the Response and Reply thereto, following oral argument and supplemental briefing on the Motion, and for the reasons set forth in this Court’s accompanying Memorandum Opinion, it is hereby ORDERED that: • The “Motion for Clarification, or Alternatively, Reconsideration” filed by Defendant/Counterplaintiff J.J. White, Inc. and Counterplaintiffs Sunoco, Inc. and Sunoco, Inc. (R&M) (Doc. No. 117) is GRANTED. • The Court’s February 27, 2018, Memorandum Opinion (Doc. No. 114) is hereby AMENDED as follows: On page 29, the following language is stricken: “—i.e., that Gans’ leukemia was caused by exposures to BTEX occurring on or after the retroactive date.” • The February 27, 2018, Memorandum Opinion is further AMENDED to incorporate the Memorandum Opinion accompanying this Order. BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.

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