The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
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| May 25, 2000 | 13 |  ORDER; defts are to make available for inspection all documents produced in the Lake Tahoe and Santa Monica litigations. At this initial stage, defts are not required to make available documents produced in any other MTBE-related action. As litigation proceeds and the scope of discovery expands, defts may be required to make available those documents produced in MTBE-related actions other than the 2 California cases . Mr. Saul and Mr. Condron are directed to serve a copy of this letter order on all counsel . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) Additional attachment(s) added on 2/25/2005 (sac, ). |
| May 11, 2004 | 260 | NOTICE of Appearance by Daniel K. Winters on behalf of American Agip Co. Inc. (Winters, Daniel) |
| February 4, 2005 | 482 | NOTICE of Appearance by Lisa Kim Axelrod on behalf of Dupre Transport, LLC (Axelrod, Lisa) |
| February 4, 2005 | 483 | MOTION to Dismiss. Document filed by Dupre Transport, LLC. (Axelrod, Lisa) |
| August 16, 2005 | 738 | ENDORSED LETTER addressed to Judge Scheindlin from Robert Greenwald dated 8/8/05 re: Plaintiffs' request is hereby granted. Defendants will make Mr. Urbanchuk available for deposition no later than September 21, 2005 and produce requested reports and other publications by no later than August 22, 2005. Plaintiffs shall file their opposition to defendants motion for summary jdugment on conflict preemption by October 21, 2005.. (Signed by Judge Shira A. Scheindlin on 8/16/05) (djc, ) |
| September 16, 2005 | 768 | OPINION AND ORDER; that the motions of the Koch plaintiffs are hereby denied. The Clerk of the Court is directed to close these motions (doc. #742, 748). A conference is scheduled for 11/18/05, at 10:00 a.m. in Courtroom 15C. This document relates to: 05cv5745(SAS). (Signed by Judge Shira A. Scheindlin on 9/16/05) (pl, ) |
| December 22, 2005 | 849 | CASE MANAGEMENT PLAN/ORDER #17 (December 20, 2005 Status Conference Orders): Motions due by 12/16/2005. Responses due by 3/7/2005 Replies due by 4/7/2006. See document for further discovery deadlines. (Signed by Judge Shira A. Scheindlin on 12/22/05) (djc) |
| December 28, 2005 | 850 | CASE MANAGEMENT PLAN #18 (SCHEDULING ORDER FOR PRIVATE WELL CASES): Motions due by 10/13/2006. Responses due by 11/13/2006. Replies due by 12/11/2006. Discovery due by 12/4/2006. (Signed by Judge Shira A. Scheindlin on 12/28/2005) (lb, ) |
| April 7, 2006 | 1044 | OPINION AND ORDER: for reasons further set forth in said Order, Exxon's and Hock's 863 and 1037 MOTIONS are DENIED. Thye Clerk of the COurt is directed to close these motions. (Signed by Judge Shira A. Scheindlin on 4/7/06) (db, ) |
| April 18, 2006 | 1055 | OPINION AND ORDER: For the foregoing reasons plaintiffs' motion to remand is GRANTED. The Clerk of the Court is directed to close this motion (06cv1379: attachment #29, docket#2) and this case. (Signed by Judge Shira A. Scheindlin on 4/17/06) (js, ) |
| June 23, 2006 | 1107 | OPINION and ORDER #93288 denying re 871 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Sunoco, Inc. (Signed by Judge Shira A. Scheindlin on 6/23/06) (cd, ) Modified on 6/27/2006 (ae, ). |
| June 23, 2006 | 1109 | OPINION & ORDER #93289 denying 923 MOTION for Summary Judgment. filed by Citgo Petroleum Corporation,, Citgo Refining and Chemicals Company L.P.,, PDV Midwest Refining, L.L.C. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 6/23/06) Modified on 6/27/2006 (ae, ). |
| June 29, 2006 | 1110 | OPINION AND ORDER: # 93287 re: 1076 MOTION for Reconsideration re; 1053 Memorandum & Opinion filed by Exxon Mobil Corporation,. For the foregoing reasons, Exxon's motion is denied. The Clerk of the Court is directed to close this motion (docket # 1076). (Signed by Judge Shira A. Scheindlin on 6/26/2006) (lb, ) |
| June 15, 2006 | 1113 | ORDER ADMITTING ATTORNEY Jaime Slimm PRO HAC VICE for deft Exxon Mobil. (Signed by Judge Shira A. Scheindlin on 6/15/06) (cd, ) |
| December 1, 2006 | 1268 | RESPONSE in Opposition re: 1141 MOTION to Certify Class. and Memorandum. Document filed by John R. Hicks. (Attachments: # 1 # 2)Filed In Associated Cases: 1:00-cv-01898-SAS,1:03-cv-08248-SAS,1:03-cv-09050-SAS,1:03-cv-09543-SAS,1:03-cv-09544-SAS, 1:03-cv-10051-SAS,1:03-cv-10052-SAS,1:03-cv-10053-SAS,1:03-cv-10054-SAS,1:03-cv-10055-SAS, 1:03-cv-10056-SAS,1:03-cv-10057-SAS,1:04-cv-01716-SAS,1:04-cv-01718-SAS,1:04-cv-01719-SAS, 1:04-cv-01720-SAS,1:04-cv-01721-SAS,1:04-cv-01722-SAS,1:04-cv-01723-SAS,1:04-cv-01724-SAS, 1:04-cv-01725-SAS,1:04-cv-01726-SAS,1:04-cv-01727-SAS,1:04-cv-02053-SAS,1:04-cv-02055-SAS, 1:04-cv-02056-SAS,1:04-cv-02057-SAS,1:04-cv-02059-SAS,1:04-cv-02060-SAS,1:04-cv-02061-SAS, 1:04-cv-02062-SAS,1:04-cv-02066-SAS,1:04-cv-02067-SAS,1:04-cv-02068-SAS,1:04-cv-02070-SAS, 1:04-cv-02072-SAS,1:04-cv-02388-SAS,1:04-cv-02389-SAS,1:04-cv-02390-SAS,1:04-cv-03412-SAS, 1:04-cv-03413-SAS,1:04-cv-03415-SAS,1:04-cv-03416-SAS,1:04-cv-03417-SAS,1:04-cv-03418-SAS, 1:04-cv-03419-SAS,1:04-cv-03420-SAS,1:04-cv-04968-SAS,1:04-cv-04969-SAS,1:04-cv-04970-SAS, 1:04-cv-04971-SAS,1:04-cv-04972-SAS,1:04-cv-04973-SAS,1:04-cv-04974-SAS,1:04-cv-04975-SAS, 1:04-cv-04976-SAS,1:04-cv-04990-SAS,1:04-cv-05421-SAS,1:04-cv-05422-SAS,1:04-cv-05423-SAS, 1:04-cv-05424-SAS,1:04-cv-06993-SAS,1:05-cv-04018-SAS,1:05-cv-07269-SAS,1:05-cv-09070-SAS, 1:05-cv-10259-SAS,1:05-cv-10266-SAS,1:06-cv-00877-SAS,1:06-cv-01379-SAS,1:06-cv-01381-SAS, 1:06-cv-03741-SAS,1:06-cv-03742-SAS,1:06-cv-03750-SAS,1:06-cv-03751-SAS,1:06-cv-03752-SAS, 1:06-cv-03753-SAS,1:06-cv-03754-SAS,1:06-cv-05496-SAS,1:06-cv-05901-SAS,1:06-cv-05902-SAS, 1:06-cv-05903-SAS,1:06-cv-05905-SAS,1:06-cv-05906-SAS,1:06-cv-05907-SAS,1:06-cv-05911-SAS, 1:06-cv-05912-SAS,1:06-cv-05913-SAS,1:06-cv-05914-SAS,1:06-cv-05915-SAS,1:06-cv-05916-SAS, 1:06-cv-05917-SAS,1:06-cv-05919-SAS,1:06-cv-05920-SAS,1:06-cv-05921-SAS,1:06-cv-05922-SAS, 1:06-cv-05923-SAS,1:06-cv-05924-SAS,1:06-cv-05925-SAS,1:06-cv-05926-SAS,1:06-cv-05927-SAS, 1:06-cv-05928-SAS,1:06-cv-05930-SAS,1:06-cv-05931-SAS,1:06-cv-05932-SAS,1:06-cv-05933-SAS, 1:06-cv-05937-SAS,1:06-cv-05938-SAS,1:06-cv-05939-SAS,1:06-cv-05940-SAS,1:06-cv-05941-SAS, 1:06-cv-05942-SAS,1:06-cv-05943-SAS,1:06-cv-05945-SAS,1:06-cv-05946-SAS,1:06-cv-05947-SAS, 1:06-cv-05948-SAS,1:06-cv-05949-SAS,1:06-cv-05950-SAS,1:06-cv-05951-SAS,1:06-cv-05952-SAS, 1:06-cv-05953-SAS,1:06-cv-05954-SAS,1:06-cv-05955-SAS,1:06-cv-05956-SAS,1:06-cv-05957-SAS, 1:06-cv-05958-SAS,1:06-cv-05959-SAS,1:06-cv-05960-SAS,1:06-cv-05961-SAS,1:06-cv-05962-SAS, 1:06-cv-05963-SAS(Ishak, Paul) |
| March 9, 2007 | 1347 | FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RESPONSE to Motion re: 1339 MOTION for Leave to File Second Amended Complaint., 1340 MOTION to Certify Class.. Document filed by John R. Hicks. (Ishak, Paul) Modified on 3/30/2007 (lb). |
| April 19, 2007 | 1388 | FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lyondell Chemical Company.(Brown, Daniel) Modified on 4/20/2007 (lb). |
| June 18, 2007 | 1427 | NOTICE OF CHANGE OF ADDRESS by Samuel Joseph Abate, Jr on behalf of Citgo Petroleum Corporation. New Address: Pepper Hamilton LLP, 420 Lexington Avenue, Suite 2320, New York, New York, USA 10170, (212) 808-2700. (Abate, Samuel) |
| August 24, 2007 | 1489 | MANDATE of USCA (Certified Copy) as to 385 Notice of Interlocutory Appeal, filed by The People of the State of California, 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire USCA Case Number 04-5974-cv(L); 04-6056-cv(CON). It is Ordered, Adjudged and Decreed that the order of the District Court is VACATED and REMANDED with directions to return theses cases to the forums from which they were removed in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/15/07. (tp) |
| September 25, 2007 | 1528 | NOTICE OF CHANGE OF ADDRESS by Samuel Joseph Abate, Jr on behalf of Citgo Petroleum Corporation. New Address: Pepper Hamilton, LLP, The New York Times Building, 620 Eighth Avenue, New York, New York, United States of America 10018, (212) 808-2700. (Abate, Samuel) |
| September 25, 2007 | 1529 | ORDER granting 1523 Motion for Thomas M. Sims of Baron & Budd, P.C. to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Shira A. Scheindlin on 9/24/07) (cd) |
| September 25, 2007 | 1530 | ORDER granting 1522 Motion for Chad A. West of Baron & Budd, P.C. to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Shira A. Scheindlin on 9/24/07) (cd) |
| October 10, 2007 | 1544 | AMENDED MEMORANDUM OPINION AND ORDER #: For the foregoing reasons, the City's Motion is GRANTED. Clerk of the Court is directed to close this motion (Doc. Nos. 1428,1432). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/5/2007) (jmi) |
| November 15, 2007 | 1574 | Objection (Gulf Oil Limited Partnership's Objections and Counter-Designations to Plaintiff's Page and Line Designations. Document filed by Gulf Oil, Limited Partnership, Gulf Oil Ltd. Partnership. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(Garvey, Christopher) |
| November 19, 2007 | 1575 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard Wallace dated 11/15/07 re: Request to extend time until 12/10/07 for the Shell defendants to file objections to PTO #38, if any. ENDORSEMENT: The extension of time requested in this letter is hereby granted. (Signed by Judge Shira A. Scheindlin on 11/19/07) (cd) |
| December 14, 2007 | 1604 | MANDATE of USCA (Certified Copy) as to (1444 in 1:00-cv-01898-SAS-DCF) Notice of Appeal, filed by Motiva Enterprises, LLC, Valero Refining Company New Jersey, Texaco Inc., Valero RefiningTexas, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, The Premcor Refining Group Inc., Valero Refining and Marketing Company, Chevron U.S.A., Inc., ConocoPhillips Company, Atlantic Richfield Company, Shell Oil Company, Shell Oil Products Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, BP Products North America, Inc., Chevrontexaco Corporation, Lyondell Chemical Company, Irving Oil Limited, Total Petrochemicals USA, Inc., Texaco Refining and Marketing, Inc., Exxon Mobil Corporation, Valero Energy, Inc., El Paso Merchant Energy -Petroleum Company, Notice of Appeal, filed by The Premcor Refining Group, Inc, Motiva Enterprises LLC, Texaco, Inc, Shell Oil Products Company, LLC, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, Chevrontexaco Corporation,, Valero Refining and Marketing Company, Atlantic Richfield Company, Texaco Refining & Marketing, Inc., Shell Oil Products Company, Valero Refining Company, Shell Oil Company, Conocophillips Company,, Valero Marketing and Supply Company, Lyondell Chemical Company, Irving Oil Limited, Texaco Refining & Marketing (East), Inc., Total Petrochemicals USA, Inc., TMR Company, El Paso Merchant Energy-Petroleum Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Valero Energy Corporation, Coastal Eagle Point Oil Company, Getty Petroleum Marketing, Inc., Chevron U.S.A., Inc USCA Case Number 07-3043-cv. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/11/07. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tp) |
| January 8, 2008 | 1616 | PRETRIAL ORDER # 39 (Application of Revised Confidentiality Order to Production of Documents or Things pursuant to Pipeline Subpoenas). ENDORSEMENT: The clerk of the Court is hereby directed to enter this Order as an Order of the Court. So Ordered. (Signed by Judge Shira A. Scheindlin on 1/8/08) (pl) |
| January 15, 2008 | 1632 | STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP that plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant GOLP. Plaintiffs voluntarily dismiss without prejudice their G.B.L. 349 claims against GOLP. Plaintiffs voluntarily dismiss without prejudice their claims involving the wells that are the subject of CMO No.34 (the "trial wells"), and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-03417-SAS, 1:04-cv-05424-SAS(cd) |
| January 16, 2008 | 1633 | STIPULATION AND ORDER DISMISSING ADDITIONAL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC., plaintiffs voluntarily dismiss the following claims without prejudice as against GPMI; the GBL 349 claim and claims involving the wells that are the subject of CMO 34 (the "trial wells"), and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd) |
| January 17, 2008 | 1638 | JOINT STIPULATION BETWEEN PLAINTIFFS AND CERTAIN DEFENDANTS TO STAY DISCOVERY AND PRE-TRIAL OBLIGATIONS: All discovery involving the Stipulating Defendants in the action shall be stayed effective 12/7/2007. Any depositions of witnesses produced or retained exclusively by one or more Stipulating Defendants scheduled but not yet taken shall be canceled without prejudice to such depositions being taken after 2/1/2008 at the option of either Plaintiffs or the Stipulation Defendants. Should further pretrial proceedings involving the Stipulating Defendants prove necessary after 2/1/2008, then the they shall have an additional 20 days from that point to comply with any pretrial deadlines that fall between 12/7/2007 and 2/2/2008, and plaintiffs shall have additional 20 days after to comply with any responsive pre-trial deadlines they relate to the Stipulated defendants. (Signed by Judge Shira A. Scheindlin on 1/17/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS (jar) |
| January 23, 2008 | 1639 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard E. Wallace, Jr. dated 1/22/2008 re: joint request for a further extension until 2/25/2008, for either of them to file objections or motions regarding PTO #38. ENDORSEMENT: The extension of time requested in this letter is hereby granted. (Signed by Judge Shira A. Scheindlin on 1/22/2008) (jar) |
| January 28, 2008 | 1647 | STIPULATION AND ORDER OF DISMISSING CERTAIN CLAIMS AGAINST GETTY CORP, plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant Getty Properties. Plaintiffs voluntarily dismiss without prejudice their NY General Business law 349 claims against Getty Properties. Plaintiffs voluntarily dismiss without prejudice their claims involving the wells that are subject to Case Management Order No. 34, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(not 04-3417)(cd) |
| January 28, 2008 | 1648 | STIPULATION AND ORDER OF DISMISSING NAVIGATION LAW CLAIMS AGAINST CROWN CENTRAL LLC, that plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation law as against Crown for the listed wells, see document. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Crown and Crown expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| January 31, 2008 | 1671 | STIPULATION OF DISMISSAL OF NAVIGATION LAW CLAIMS: that Plaintiffs' Eighth Cause of Action in their Sixth Amended Complaint, alleging violations of New York State's Navigation Law 170 (New York Spill Prevention, Control and Compensation Act), is hereby dismissed as against Lyondell Chemical Company and Equistar Chemicals, LP without prejudice. The Parties expressly reserve all other claims and defenses set forth in the Sixth Amended Complaint and the Master Answers relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro) |
| January 31, 2008 | 1672 | STIPULATION AND ORDER DISMISSING NAVIGATION LAW CLAIMS AGAINST IRVING OIL LIMITED AND IRVING OIL CORPORATION: Plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against Irving for the wells listed within this Stipulation and Order. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Irving Oil expressly reserves all defendant asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro) |
| January 31, 2008 | 1673 | STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST TOTAL PETROCHEMICALS USA, INC.: Plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against TOTAL for the wells listed within this Stipulation and Order. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended complaint against TOTAL, and TOTAL expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) |
| January 31, 2008 | 1674 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Carla M. Burke dated 1/30/08 re: Plaintiffs request that the Court intervene and order that plaintiffs be allowed to file their response to certain motions on 2/15/08. ENDORSEMENT: Plaintiffs' request to respond by February 15 is granted to the extent that the Lyondell and Equistar motion raises completely district issues and plaintiffs' response relies on different evidence than the other seven motions for which responses are due January 31, 2008. The reply, if any, is due on February 25, 2008. (Signed by Judge Shira A. Scheindlin on 1/30/08) (tro) |
| February 5, 2008 | 1676 | MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 1149 Notice of Appeal, filed by Exxon Mobil Corporation USCA Case Number 06-3981....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/30/2008. (nd) |
| February 5, 2008 | 1692 | ORDER ADMITTING COUNSEL PRO HAC VICE. Eduardo S. Perez, Amy E. Parker, and Julie K. Huff are hereby admitted to practice before the Court pro hac vice on behalf of Defendant Total Petrochemicals USA, Inc. in these civil actions upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro) |
| February 11, 2008 | 1696 | ORDER MODIFYING CASE MANAGEMENT ORDER NO. 35. By agreement of the parties and with permission of the Court, Case Management Order No. 35 ("CMO 35") in the captioned action is hereby modified as follows: The first sentence of Section 1 ("Expert Discovery") is amended to extend the deadline for completion of expert depositions by one week, from 2/29/08 to 3/7/08. (Signed by Judge Shira A. Scheindlin on 2/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(rjm) |
| February 14, 2008 | 1697 | ORDER: This Order modifies the 11/13/07 1590 Order remanding a mistakingly number and incorrect docket number. It is hereby Ordered that case # 05cv5744 (SAS) be remanded to the Superior Court of California, County of Marin. It is further Ordered, that the Cerk of this Court furnish the Clerk of the appropriate state court with a certified copy of this Order. Filed in Associate Case # 05cv5744 (SAS). (Signed by Judge Shira A. Scheindlin on 2/14/08) (db) |
| February 15, 2008 | 1698 | CASE MANAGEMENT (PROTECTIVE) ORDER No. 36 (Application of Revised Confidentiality Order to Production of Documents or Things Pursuant to Terminal Subpoenas): regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 2/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(db) |
| February 25, 2008 | 1713 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard E. Wallace dated 2/25/08 re: Request that the Shell defendants and moving plaintiffs have until 4/5/08 to file objections or motions regarding PTO #38. ENDORSEMENT: Granted. ( Motions due by 4/5/2008.) (Signed by Judge Shira A. Scheindlin on 2/25/08) (cd) |
| February 26, 2008 | 1714 | ORDER GRANTING EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF ON STATUTE OF LIMITATIONS: The Orange County Water District's unopposed request for an extension of time to file its supplemental brief on the statute of limitations is GRANTED. The District's brief shall be filed no later than 3/28/08. ( Brief due by 3/28/2008.) (Signed by Judge Shira A. Scheindlin on 2/26/08) (tro) |
| February 26, 2008 | 1715 | STIPULATION AND ORDER DISMISSING MEDICAL MONITORING AND GENERAL BUSINESS LAW SECTION 349 CLAIMS: For reasons further set forth in said Order, The Business Law Section 349 Claims in actions 03cv8248 and 03cv9050 are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 2/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(db) |
| February 27, 2008 | 1716 | LETTER addressed to Judge Shira A. Scheindlin from Matthew T. Haertney dated 2/22/2008 re: On February 1, 2008, defendants consented to amendment to implementing the Court's directives from the December 11, 2007 teleconference, limited to paragraphs 104 and 106. Upon receiving the District's February 19, 2008 pre-motion letter, defendants first learned that plaintiff also seeks to make substantive amendments in 27 other paragraphs of SAC. Defendants ask that leave for these amendments be denied. The Clerk of the Court is directed to docket this letter and attached exhibits. Document filed by Atlantic Richfield Company, BP Products North America, Inc., Bains Brothers, LLC, BP West Coast LLC, American Refining Group Inc.'s, Bartco Corp., BP Amoco Chemical Company, Inc., Amerada Hess Corporation.(jmi) |
| February 27, 2008 | 1717 | STIPULATION AND ORDER OF DISMISSING MEDICAL MONITORING AND GENERAL BUSINESS LAW SECTION 349 CLAIMS, 10 in Basso et al v Sunoco, 03-9050, the 14th Cause of Action, is hereby dismissed with prejudice; 2) in Tonneson et v Sunoc, 03-8248, plaintiffs' claims against defendants for medical damages are hereby dismissed with prejudice; 3) The Tonneson and Basso Plaintiffs' Seventh Causes of Action, are dismissed with prejudice. Third party defendant Town of Highlands Eighth counterclaim against Third-party Plaintiffs Sunoco is hereby dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 2/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| March 5, 2008 | 1736 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard Wallace dated 2/25/08 re: Request for an extension of time until 4/5/08 to file objections or motions regarding PTO #38. ENDORSEMENT: Granted. ( Motions due by 4/5/2008.) (Signed by Judge Shira A. Scheindlin on 3/5/08) (cd) |
| March 5, 2008 | 1739 | STIPULATION AND ORDER DISMISSING GENERAL BUSINESS LAW SECTION 349 CLAIMS, plaintiffs' cause of action alleging Deceptive Business Acts and Practices in Violation of GBL 349 (Plaintiffs County of Suffolk's and Suffolk County Water Authority's Seventh Cause of Action at Paragraphs 255-259 of their Sixth Amended Complaint, and Plaintiff United Water NY's Seventh Cause of Action at Paragraphs 253-257 of its Fifth Amended Complaint), filed on or about 10/16/06, is hereby voluntarily dismissed with prejudice against defendants. (Signed by Judge Shira A. Scheindlin on 3/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd) |
| March 6, 2008 | 1740 | ORDER granting (6) Motion to Appoint Custodian in case 1:06-cv-03753-SAS; granting (1730) Motion to Appoint Custodian in case 1:00-cv-01898-SAS-DCF. The legal parent(s) identified in Exhibit "A" is/are appointed general guardian of property of their minor child as identified in Exhibit "A" are are authorized to prosecute and/or resolve this action on behalf of Minor Plaintiffs. (Signed by Judge Shira A. Scheindlin on 3/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| March 10, 2008 | 1742 | STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GETTY PROPERTIES CORP.: Counsel for the Plaintiffs County of Suffolk and Suffolk County Water Authority and Defendant Getty Properties Corp. hereby agree on behalf of the parties that: Getty Properties withdraws its "Motion for Exculpation and Partial Summary Judgment of Getty Properties Corp.," dated January 11, 2008 and all supporting papers. Plaintiffs voluntarily dismiss without prejudice all claims against Getty Properties arising from the contamination in the Kayron Drive No. 1A well and the Morris Avenue No. 2 well that might be attributed to the Getty service station located at 913 Portion Road, Ronkonkoma, New York, as set forth in this stipulation and order. Plaintiffs expressly reserve all remaining claims alleged in their complaints against Getty Properties, and Getty Properties expressly reserve all defenses asserted in its Master Answer relating thereto. Should plaintiffs subsequently discover any inaccuracies in Getty Properties and/or GPMI's representations with respect to the 913 Portion Road Station and/or information that conflicts with Getty Properties' and/or GPMI's representations with respect to the 913 Portion Road Station, then Defendant Getty Properties consent to allow plaintiffs to amend their complaint to reinstate the said claims against Getty Properties. Should of the any claims be reinstated for any reason, then Defendant Getty Properties agrees that the statue of limitations is tolled with respect to said claims, as set forth in this stipulation and order. (Signed by Judge Shira A. Scheindlin on 3/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jpo) |
| March 11, 2008 | 1743 | ORDER MODIFYING CASE MANAGEMENT ORDER No. 35: By agreement of Defendants/Third-Party Plaintiffs Sunoco, Inc. and Sunoco, Inc.(R&M) ("Sunoco"), and Third-Party Defendant Town of Highlands, and with permission of the Court, Section 2 ("Dispositive Motions") of Case Management Order No. 35 ("CMO 35") in the above- captioned action is hereby modified as follows with respect to briefs pertaining to the Town of Highland's Counterclaims against Sunoco: Motions due by 4/11/2008. Responses due by 5/23/2008 Replies due by 6/20/2008. SO ORDERED (Signed by Judge Shira A. Scheindlin on 3/11/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(jmi) |
| March 11, 2008 | 1744 | ORDER MODIFYING CASE MANAGEMENT ORDER NO. 35; Moving papers shall be filed on or before 4/11/2008. Oppositions papers filed on or before 5/23/2008, Replies filed on or before 6/20/2008. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(pl) |
| March 11, 2008 | 1745 | STIPULATION OF DISMISSAL that pursuant to F.R.C.P. 41(a)(1)(ii), the parties hereby stipulate that Giant Yorktown, Inc. shall be and hereby is dismissed from this action without prejudice. Each party to bear its own costs. (this document refers to: 07cv6848). (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-06848-SAS(pl) |
| March 11, 2008 | 1746 | ENDORSED LETTER addressed to Judge Honorable Shira A. Scheindlin from Robin L. Greenwald dated 3/11/08 re: plaintiffs respectfully requests that the court temporarily stay entering an order production of Dr. Belpossi as an expert witness and order dft. ExxonMobile to provide to plaintiffs the document s they admit to having received from the NTP through their participation in the National Petroleum Refiner's Association (NPRA). ENDORSEMENT: The Court will stay entry of the proposed order reporting the preclusion of Dr. Belpoggi as an expert witness until one week following defendants production of the NPRA material to plaintiff counsel.So Ordered. (Signed by Judge Shira A. Scheindlin on 3/11/08) (pl) |
| March 11, 2008 | 1747 | STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04012-SAS(tro) |
| March 11, 2008 | 1748 | STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04011-SAS(tro) |
| March 11, 2008 | 1749 | STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS(tro) |
| March 25, 2008 | 1765 | ORDER: The Court hereby permits the District to exceed the limits of Rule III.H of the Court's Individual Rules and Civil Procedures in support of its supplemental briefing as follows: The District may serve up to 130 exhibits relating to specific gasoline stations, and no more than 15 exhibits not related to specific stations and the District may serve affidavits of up to 15 pages. (Signed by Judge Shira A. Scheindlin on 3/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(jpo) |
| March 25, 2008 | 1766 | STIPULATION TO FILE THIRD AMENDED COMPLAINT: The parties herein hereby agree and stipulate that the attached Third Amended Complaint (Exhibit 1), with amendments to paragraphs 104 and 106 only, may be filed without opposition in the above case. (Signed by Judge Shira A. Scheindlin on 3/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(jpo) |
| March 25, 2008 | 1767 | ORDER, in case 1:04-cv-02389-SAS; terminating [] Motion to Compel in case 1:04-cv-05424-SAS; terminating (1400) Motion to Compel in case 1:00-cv-01898-SAS-DCF. Defendant's time to object to the Special Master's Pretrial order #38 is hereby adjourned sine die. The Clerk of the Court is directed to close this motion (#1400 on the master docket (00-1898) and also listed as Motion to Compel filed 4/27/07 on the individual case docket for the County of Suffolk action, No. 04-5424).. (Signed by Judge Shira A. Scheindlin on 3/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS (United Water NY), 1:04-cv-05424-SAS(cd) |
| March 24, 2008 | 1768 | ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Lee Sepulvado-Ramos, Ivan Aponte-Figueroa, Denise Rodrigues-Flores, and Jorge Galiber-Sanchez, of Carrion & Sepulvado, Citibank Tower Suite 1202,252 Ponce de Leon,San Juan, Puerto Rico 00918, Tel:(787) 765-5656, Fax: (787) 294-0073 are admitted to practice pro hav vice in the above-reference action as counsel for defendant Total corporate entities in the Southern District of New York, upon receipt by the Clerk of the Court of the required fee of $25.00 per application. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/24/2008) (jmi) |
| March 31, 2008 | 1769 | STIPULATION AND ORDER OF DISMISSAL OF NAVIGATION LAW CLAIMS AGAINST DEFENDANT GIANT YORKTOWN, INC.: Plaintiff voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against Giant Yorktown, Inc. for the following wells: Broadway Well No. 2; Church Street (Bohemia) Well No. 1; Church Street (Holbrook) Well No. 2; College Road Well No. 3; Dare Road Well No. 1; Horseback Well No. 1; Kayron Drive Well Drive No. 1A; Lakeview Well No.1; Montauk Highway Well No. 1A; Oak Street Well No. 1; Morris Avenue Well No. 2; Samuel Street Well No. 4; Strathmore Court Well No. 1; Virginia Ave. Well No. 1; Wheat Path Well No. 3; Wheeler Road Well No. 1; and Wicks Road Well No. 1. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Giant Yorktown, Inc. and Giant Yorktown, Inc. expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 3/31/2008) (jpo) |
| April 3, 2008 | 1770 | CASE MANAGEMENT PLAN #37 (Pre-Trial Deadlines re witness lists and exhibit lists, as further set forth in this document ): Motions (defendant in limine) due by 6/30/2008. Responses due by 7/14/2008 Replies due by 7/21/2008. Plaintiff in limine motions, if any, on or before 7/14/08. Response papers, if any, shall be filed by 7/28/08; reply papers, if any, shall be filed by 7/21/08. (Signed by Judge Shira A. Scheindlin on 4/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| April 2, 2008 | 1771 | STIPULATION AND ORDER RE TESORO DEFENDANTS' ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, the Court has considered the stipulation of the Plaintiff Orange County Water District and Tesoro to allow Tesoro's answer to Plaintiff's Second Amended Complaint to serve as Tesoro's response to Plaintiff's Third Amended Complaint, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 4/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) |
| April 7, 2008 | 1792 | AGREED ORDER OF DISMISSAL pursuant to FRCP 41(a)(2), as to defendants Fauser Oil Co., Keck, Inc., and Mulgrew Oil Co., without prejudice, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 4/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(cd) |
| April 7, 2008 | 1793 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including June 1, 2008 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 4/7/08) (tro) Filed in associated civil case no. 08-cv-312. |
| April 7, 2008 | 1794 | STIPULATION AND ORDER: the deadline for Chevron to file any pleading or motion in response to the complaint in the above captioned case shall be extended to June 6, 2008. (Signed by Judge Shira A. Scheindlin on 4/7/08) Filed in associated civil case no. 07-cv-10470. (tro) |
| April 9, 2008 | 1795 | STIPULATION AND ORDER RE TESORO DEFENDANTS' ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, the Court has considered the stipulation of the Plaintiff Orange County Water District and Tesoro to allow Tesoro's answer to Plaintiff's Second Amended Complaint to serve as Tesoro's response to Plaintiff's Third Amended Complaint, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 4/9/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) |
| April 15, 2008 | 1798 | ORDER ADMITTING ATTORNEY Jan Carlos Rodriguez-Munoz PRO HAC VICE, on behalf of Shell Oil Co., Shell Chemical Ybucoa, Shell Trading (US) Co., Equilon Enterprises, Motiva Enterprises, and The Shell Company (Puerto Rico) Ltd. (Signed by Judge Shira A. Scheindlin on 4/15/08) (cd) |
| April 17, 2008 | 1804 | ORDER GRANTING DEFENDANTS' REQUEST FOR AN EXTENSION TO FILE RESPONSE TO ORANGE COUNTY WATER DISTRICT'S SUPPLEMENTAL OPPOSITION BRIEF RE STATUTE OF LIMITATIONS, defendants' brief shall be filed no later than 5/9/08, and absent further Order of the Court, the District's reply brief shall be filed no later than 5/23/08. ( Brief due by 5/9/2008. Reply brief due by 5/23/2008.) (Signed by Judge Shira A. Scheindlin on 4/16/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) |
| May 7, 2008 | 1811 | OPINION AND ORDER denying for the reasons stated in this document re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment, filed by ExxonMobil Chemical Company, Inc.,, Exxon Mobil Corporation. The Clerk of the Court is directed to close this motion (docket #1665). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd) |
| May 7, 2008 | 1812 | OPINION & ORDER #96044, defendants' motion in limine is granted. The Clerk of the Court is directed to close this motion (docket #1532). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae). |
| May 7, 2008 | 1813 | OPINION AND ORDER #96042: For the reasons above, defendants' motion for the summary judgment for claims arising from the MTBE contamination of two wells, Samuel Street No. 4 and Wheeler Road No. 1, is denied. The Clerk of Court is directed to close this motion (docket #1665). (Signed by Judge Shira A. Scheindlin on 5/6/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) Modified on 5/8/2008 (ae). |
| May 7, 2008 | 1814 | OPINION & ORDER #96043 granting and denying re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment, filed by ExxonMobil Chemical Company, Inc. Exxon Mobil Corporation, for the reasons stated further in this document. The Clerk of the Court is directed to close this motion (docket #1660). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae). |
| May 7, 2008 | 1815 | OPINION & ORDER #96041 denying defendants motions in limine seeking to exclude that portion of Reynolds' testimony that requires economic analysis or forecasting, and all of Huggins testimony. For the reasons stated in this Order, defendants' motions in limine are denied and are hereby closed. (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae). |
| May 7, 2008 | 1816 | OPINION AND ORDER: For the reasons discussed herein, defendants' motion for summary judgment on Plaintiffs TSCA claim is denied to the extent that the claim is based on (1) notice about releases of gasoline with MTBE into the environment, (2) information generated once the gasoline release has been discovered and (3) studies about MTBE's effect on the taste and odor of water. However, summary judgment is granted with respect to any information that plaintiffs believe a reasonable manufacturer would have generated to determine the potential liability for MTBE's contamination of groundwater. The Clerk is directed to close this motion (docket #1660). (Signed by Judge Shira A. Scheindlin on 5/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) |
| May 8, 2008 | 1817 | ORDER GRANTING MODIFIED RULE III.H REQUIREMENT FOR DEFENDANTS' SUPPLEMENTAL BRIEFING IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT BASED ON THE STATUTE OF LIMITATIONS; Defendants' unopposed request to modify the requirements of Rule III.H of the Court's Individual Rules and Procedures for their upcoming supplemental brief supporting their Motion for Summary Judgment based on Statute of Limitations is hereby GRANTED. Notwithstanding the requirements of Rule III.H, Defendants may serve up to forty-five (45) exhibits relating to specific gasoline stations, and no more than ten (10) exhibits not related to specific stations. Defendants intend to comply with Rule III.H. in the following respects: first, Defendants will submit no more than five (5) affidavits. Such affidavits will be no more than ten (10) pages, double-spaced; and second, each exhibit, whether related to a specific station or not, will be no more than fifteen (15) pages. (Signed by Judge Shira A. Scheindlin on 5/8/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(ae) |
| May 9, 2008 | 1822 | ORDER OF DISMISSAL WITHOUT PREJUDICE: The Court, hereby dismisses without prejudice the claims of the individual listed on Exhibit A herein against Defendant TOTAL PETROCHEMICALS USA, INC. (Signed by Judge Shira A. Scheindlin on 5/9/08) (tro) |
| May 12, 2008 | 1824 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the claims of the individuals listed on Exhibit A (attached) against defendant Total Petrochemicals USA. (Signed by Judge Shira A. Scheindlin on 5/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| May 12, 2008 | 1825 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the claims of the individuals listed on Exhibit A against defendant Total Petrochemicals USA, Inc.(accompanied with a Stipulation of Dismissal) (Signed by Judge Shira A. Scheindlin on 5/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| May 13, 2008 | 1826 | OPINION & ORDER # 96057 defendants' motions are denied in part an granted in part. The Clerk of the Court is directed to close these motions (docket ##1554, 1619, 1624, 1629, 1640, 1656) (Signed by Judge Shira A. Scheindlin on 5/13/08) (Attachments: # 1 Exhibit, # 2 Exhibit)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd) |
| May 13, 2008 | 1832 | NOTICE of Voluntary Dismissal without prejudice pursuant to Rule 41(a)(1)(i) of the F.R.C.P. as to defendant Marathon Oil Corporation, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/13/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| May 20, 2008 | 1838 | ORDER: Defendant's motion is granted. The Clerk of the Court is directed to close this motion (docket #1755).(Signed by Judge Shira A. Scheindlin on 5/20/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jfe) |
| May 14, 2008 | 1839 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tracy O'Reilly dated 5/13/08 re: Request for a short extension of time to 5/16/08, for plaintiffs to submit additional deposition designations pursuant to Case Management Order #35. ENDORSEMENT: Plaintiffs may submit deposition designations by 5/16/08. Other deadlines in CMO #35 are modified as follows: defendants' deadline to submit objections to plaintiffs' designations and counter-designations: 6/13/08. Plaintiffs' deadline to submit objections to defendants' counter-designations: 7/7/08. (Signed by Judge Shira A. Scheindlin on 5/14/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| May 13, 2008 | 1840 | AGREED ORDER OF DISMISSAL OF ASHLAND, INC.: Plaintiff and Defendant Ashland, Inc. agree to the dismissal and that such dismissal is without prejudice, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/13/08) (tro) |
| May 20, 2008 | 1845 | AGREED ORDER OF DISMISSAL OF MOBIL CORPORATION AND EXXON MOBIL CORPORATION F/K/A EXXON CORPORATION, the Quattrocchi plaintiffs hereby dismiss with prejudice all claims against the ExxonMobil defendants, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| May 27, 2008 | 1846 | STIPULATION AND ORDER DISMISSING WITHOUT PREJUDICE THE TOWN OF HIGHLANDS' COUNTERCLAIMS AGAINST SUNOCO, INC AND SUNOCO, INC. (R&M), with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 5/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| May 27, 2008 | 1847 | ORDER APPROVING ESCROW ACCOUNT AND AMENDING APPOINTMENT OF SPECIAL SETTLEMENT MASTER, this Court's Order dated 3/12/07 appointing David Geronemus as the Special Settlement master in MDL 1358 is hereby amended to include among the Special Settlement Master's responsibilities the tasks given to him under the Settlement Agreement and the Escrow Agreement, namely (1) holding in confidence the chart of the amounts of the allocation of settlement costs agreed to among Settling Defendants, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/27/08) (cd) |
| May 27, 2008 | 1848 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the claims of the plaintiffs listed on the attached Exhibit A, with each party bearing its own costs. (Signed by Judge Shira A. Scheindlin on 5/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| June 2, 2008 | 1849 | STIPULATION AND ORDER Extending Time for Rosemore Inc to Answer Or Otherwise Respond to Complaint, the time to answer the complaint is hereby extended to and including 8/1/08 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 6/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| June 4, 2008 | 1850 | CASE MANAGEMENT PLAN #38: the pretrial deadlines in Case Management Order #37 do not apply to the Settling Defendants, and that pretrial deadlines for the Settling Defendants in the County of Suffolk case may be set in a subsequent order if and when necessary, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| June 4, 2008 | 1851 | ORDER APPROVING PETITION FOR APPROVAL OF SETTLEMENT FOR MINOR CHILDREN; that the Petition for Court Approval of Settlements for Minor Children identified in Exhibit "A" is hereby approved. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(pl) Modified on 6/4/2008 (pl). Modified on 6/10/2008 (pl). |
| June 4, 2008 | 1852 | ORDER; that Gettys motion for reconsideration is therefore denied. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(pl) Modified on 6/10/2008 (pl). |
| June 5, 2008 | 1853 | OPINION and ORDER #96113. Defendants' motion to exclude Langer's expert testimony is granted. The Clerk of the Court is directed to close this motion (docket #1753) (Signed by Judge Shira A. Scheindlin on 6/4/08) (djc) Modified on 6/5/2008 (djc). Modified on 6/6/2008 (tro). |
| June 5, 2008 | 1858 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time for Rosemore, Inc. to answer or otherwise respond to the Complaint is hereby extended to and including 8/1/08. (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro) |
| June 9, 2008 | 1875 | STIPULATION AND ORDER, that the time for Chevron to file a response to the complaint shall be extended to 8/8/08. Chevrontexaco Corporation answer due 8/8/2008. (Signed by Judge Shira A. Scheindlin on 6/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| June 9, 2008 | 1876 | ADDENDUM TO CASE MANAGEMENT ORDER #38, Lyondell Chemical Company and Equistar Chemicals, LP are included in the list of Settling Defendants under Case Management Order No. 38 (re 04-5424). (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| June 9, 2008 | 1877 | STIPULATION AND ORDER that the deadline for Chevron to file any reponse to the complaint shall be extended to 8/8/08 (re 08-312). (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| June 10, 2008 | 1879 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the "threatened well" claims of City of Roseville, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiff will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04971-SAS(cd) |
| June 10, 2008 | 1880 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the 'threatened well" claims of City of Sacramento, Sacremento County Water Agency, Sacramento Suburban Water District, and San Juan Water district, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiffs will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd) |
| June 10, 2008 | 1881 | ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the "threatened well" claims of Sacramento Groundwater Authority, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiff will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd) |
| June 10, 2008 | 1882 | ORDER re the City's motion to compel that is currently pending before Special Master Warner: that with consent of both the City and the Shell Defendants, the Court hereby ORDERS that the request by the Shell Defendants for relief from the deadlines in CMO 26 be referred to Special Master Warner pursuant to FRCP 72(a) for disposition in the course of resolving the City's motion to compel. Special Master Warner is hereby authorized to consider the Shell Defendants' request on its merits. (Signed by Judge Shira A. Scheindlin on 6/10/08) (cd) |
| June 12, 2008 | 1883 | OPINION AND ORDER # 96132: For the reasons described herein, ExxonMobil's motion is denied, except as noted herein. (Signed by Judge Shira A. Scheindlin on 6/11/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo) Modified on 6/13/2008 (rw). |
| June 12, 2008 | 1884 | ORDER ADMITTING ATTORNEY Allyson T. Sakai PRO HAC VICE on behalf of Tesoro in this action upon the deposit of the required $25 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 6/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) |
| June 17, 2008 | 1886 | CASE MANAGEMENT ORDER #39; (Pre-Trial Deadlines): That the pre-trial deadlines in Case Management Order #37 do not apply to the Settling Defendants, and that the pre-trial deadlines for the Settling Defendants in the County of Suffolk case may be set in the subsequent order if and when necessary. For the purposes of this order, the Settling Defendants are as follows: Crown Central LLC, successor by merger to Crown Central Petroleum Corporation; Irving Oil Limited; Irving Oil Corporation; Giant Yorktown, Inc.; and Total Petrochemicals USWA, Inc. (Signed by Judge Shira A. Scheindlin on 6/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(pl) |
| June 18, 2008 | 1893 | OPINION #96150 AND ORDER that ExxonMobil's motion for certification for interlocutory appeal is therefore denied. The Clerk of the Court is directed to close this motion (docket #1860) re: (208 in 1:04-cv-05424-SAS, 1860 in 1:00-cv-01898-SAS-DCF) MOTION, filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 6/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers(cd) |
| June 19, 2008 | 1894 | STIPULATION TO EXTEND PLAINTIFF'S TIME TO RESPOND TO CERTAIN DEFENDANTS' MOTION TO DISMISS PURSUANT TO 12(b)(l) FOR WANT OF SUBJECT MATTER JURISDICTION: It is hereby stipulated and agreed by and between Plaintiff and the Moving Defendants that Plaintiff's time to respond to Defendants' Motion to Dismiss is extended to June 24, 2008 and Moving Defendants shall serve their reply by July 2, 2008. (Signed by Judge Shira A. Scheindlin on 6/18/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(jpo) |
| June 25, 2008 | 1895 | AMENDMENT TO CASE MANAGEMENT ORDERS #38 and #39: Getty Petroleum Marketing Inc. is included in the list of settling defendants under case management order no. 38 and 39. (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) |
| June 24, 2008 | 1896 | ORDER: For the reasons stated herein, plaintiffs' motion for reconsideration is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket# 1878). (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(jpo) (jpo). |
| June 25, 2008 | 1897 | ORDER: Plaintiffs' motion is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket # 1843 and 1862). (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) |
| July 1, 2008 | 1908 | OPINION AND ORDER #96197, re: (1758 in 1:00-cv-01898-SAS-DCF, 44 in 1:03-cv-09050-SAS) MOTION in Limine filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco (R&M). Defendants' motion is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket #1758). (Signed by Judge Shira A. Scheindlin on 7/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(tro) Modified on 7/3/2008 (pl). |
| July 3, 2008 | 1910 | ORDER ADMITTING ATTORNEY Beth L. Haas and John J. DiChello of Blank Rome LLP PRO HAC VICE for defendants Lyondell Chemical and Equistar Chemicals. (Signed by Judge Shira A. Scheindlin on 7/3/08) (cd) |
| July 8, 2008 | 1913 | OPINION & ORDER 96213: that defendants' motion to dismiss the CERCLA claim is denied. Defendants' motion for a more definite statement is granted in part and denied in part. The Clerk of the Court is directed to close these motions (docket #1796) re: (1796 in 1:00-cv-01898-SAS-DCF) MOTION for More Definite Statement, filed by Exxon Mobil Corporation, (5 in 1:07-cv-10470-SAS) MOTION for More Definite Statement, filed by ExxonMobil Corporation. (Signed by Judge Shira A. Scheindlin on 7/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS Copies sent by chambers.(cd) |
| July 16, 2008 | 1915 | OPINION AND ORDER # 96246: that for the reasons above, defendants' motion for summary judgment is denied. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 7/16/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS Copies sent by chambers.(cd) Modified on 7/17/2008 (rw). |
| July 21, 2008 | 1922 | MEMORANDUM OF LAW in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William) |
| July 21, 2008 | 1923 | DECLARATION of Joseph Guarino in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William) |
| July 21, 2008 | 1924 | DECLARATION of Paul J. Stendardi in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William) |
| July 21, 2008 | 1925 | DECLARATION of William P. Harrington in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Attachments: # 1 Exhibit Exhibits 1 - 2, # 2 Exhibit Exhibits 3 - 5, # 3 Exhibit Exhibits 6-8, # 4 Exhibit Exhibit 9, # 5 Exhibit Exhibits 10-11, # 6 Exhibit Exhibit 12, # 7 Exhibit Exhibits 13-15)(Harrington, William) |
| July 21, 2008 | 1926 | COUNTER STATEMENT TO 1905 Rule 56.1 Statement. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William) |
| July 22, 2008 | 1927 | OPINION AND ORDER # 96275: For the reasons discussed herein, the motion of the settling defendants is granted. The Clerk of the Court is directed to enter final judgment dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to this Opinion and Order) in each of these actions. (Signed by Judge Shira A. Scheindlin on 7/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS, 1:04-cv-04970-SAS, 1:04-cv-04972-SAS, 1:04-cv-04974-SAS, 1:04-cv-04975-SAS, 1:04-cv-02053-SAS. (tro) Modified on 7/25/2008 (rw). |
| July 23, 2008 | 1928 | RULE 41(a)(2) ORDER OF DISMISSAL; Pursuant to FRCP 41(a)(2), and in accordance with the stipulation of dismissal agreed to on the record by counsel for the plaintiff, Village of Island Lake, and counsel for defendant Exxon Mobil Corporation, at the July 9, 2008 hearing, the plaintiff's claims for threatened MTBE and/or TBA contamination as to five wells that have never contained any MTBE and/or TBA contamination are hereby dismissed w/out prejudice. Any future claims for alleged contamination to those five wells may only be filed in accordance with the stipulation agreed to on the record by the parties at the July 9, 2008, hearing. (Signed by Judge Shira A. Scheindlin on 7/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ae) |
| July 25, 2008 | 1929 | FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Getty Petroleum Marketing Inc. (Parisi, Matthew) Modified on 7/28/2008 (db). |
| July 23, 2008 | 1930 | ORDER granting 1807 Motion for Stephen C. Dillard to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 7/22/08) (js) |
| July 23, 2008 | 1931 | ORDER granting 1808 Motion for Brett Young to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 7/22/08) (js) |
| July 28, 2008 | 1936 | CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated July 22, 2008, the motion of the settling defendants is granted and final judgment is entered dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to the Opinion and Order dated July 22, 2008) in each of these actions. (Signed by J. Michael McMahon, Clerk on 7/28/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml) |
| July 29, 2008 | 1938 | STIPULATION AND ORDER, that the deadline for Chevron to file any responsive pleading shall be extended to 10/1/08. Chevrontexaco Corporation answer due 10/1/2008. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| July 29, 2008 | 1939 | STIPULATION AND ORDER, that the deadline for Chevron to file any responsive pleading shall be extended to 10/1/08. Chevrontexaco Corporation answer due 10/1/2008. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| July 30, 2008 | 1940 | AMENDMENT TO CASE MANAGEMENT NO. 37 that the deadlines for completion of pretrial disclosures set forth in Case Management Order No. 37 are hereby vacated. New deadlines for completion of pretrial disclosures specific to County of Suffolk et al v Amerada Hess will be established by the Court and the parties and set forth in a subsequent Case Management Order at a time deemed appropriate by the Court. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| July 30, 2008 | 1941 | AMENDMENT TO CASE MANAGEMENT NO. 37, the deadlines for completion of pretrial disclosures set forth in Case Management Order No. 37 are hereby vacated. New deadlines for completion of pretrial disclosures specific to County of Suffolk et al v Amerada Hess et al will be be established by the Court and the parties set forth in a subsequent Case Management Order at a time deemed appropriate by the Court. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| July 30, 2008 | 1942 | AMENDED OPINION AND ORDER #96275, the Opinion and Order in these cases dated 7/22/08 (doc #1927) is hereby vacated and replaced with this Amended Opinion and Order. For the reasons discussed above, the motion of the settling defendants is granted. Further, pursuant to FRCP 54(b), the Court finds that there is no just reason to delay the entry of judgment. The Clerk of the Court is directed to enter a final judgment dismissing the claims against the settling defendnats (as listed in Exhibit A and B attached to this Opinion and Order) in each of these actions. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al. Copies sent by chambers.(cd) Modified on 8/1/2008 (pl). |
| July 29, 2008 | 1943 | JUDGMENT That for the reasons stated in the Court's Opinion and Order dated July 22, 2008, the motion of the settling defendants is granted and final judgment is entered dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to the Opinion and Order dated July 22, 2008) in each of these actions.. (Signed by Judge Shira A. Scheindlin on 7/29/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml) |
| August 4, 2008 | 1951 | OPINION AND ORDER # 96328, that defendants motion for a more definite statement, pursuant to FRCP 12(e) is granted in part and denied in part. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 8/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS Copies sent by chambers.(cd) Modified on 8/5/2008 (rw). |
| August 6, 2008 | 1953 | OPINION AND ORDER #96342 for the reasons stated above, Getty Properties' motion for summary judgment is denied. The Clerk of the Court is directed to close this motion (dockete #1904 in the Master File, #224 in the Individual Case file) re: (1904 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment, filed by Getty Properties Corp., Getty Properties Corporation. (Signed by Judge Shira A. Scheindlin on 8/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) Modified on 8/7/2008 (cd). |
| August 11, 2008 | 1954 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jan C. Rodriguez-Munoz for Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company and Shell Trading (US) Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 8/11/08) (js) |
| August 11, 2008 | 1955 | ORDER ADMITTING ATTORNEY Juan A. Marques-Diaz PRO HAC VICE for defendant Shell Oil Company, Shell Chemical Yabucoa, Inc., Shell Trading (US) Company, Equilon Enterprises, LLC, Motiva Enterprises, LLC, and The Shell Company (Puerto Rico) Limited. (Signed by Judge Shira A. Scheindlin on 8/11/08) (cd) |
| August 12, 2008 | 1956 | CASE MANAGEMENT ORDER #38: Parties shall serve all interrogatories in advance of settlement negotiations by 9/2/08. Responses to the interrogatories shall be served by 11/7/08. The parties will contact Special Settlement Master David Geronemus to schedule settlement negotiations for 12/08 in all appropriate cases. The parties in the City of New York case will contact the Special Settlement Master to schedule settlement negotiations in 10/08. The parties in the City of New York case will meet and confer before the next status conference to agree upon a proposed trial date. The parties in the Orange County Water District case will meet and confer by 9/2/08, to agree upon a date for the close of discovery. Counsel will meet and confer before the next status conference to select several cases as "focus cases" for the purposes of motion practice. With respect to the County of Suffolk case, counsel for plaintiffs and for defendants Getty Properties and Gulf Oil Limited Partnership shall meet and confer before the next status conference to select new wells for a bellwether trial and to agree upon a trial date. The next status conference is scheduled for 10/2/08 at 10:00 am. Status Conference set for 10/2/2008 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/12/08) (cd) |
| August 12, 2008 | 1957 | STIPULATION DISMISSING CLAIMS AGAINST DUKE ENERGY MERCHANTS, LLC, pursuant to FRCP 41(a)(2) plaintiff City of New York voluntarily dismisses all claims with prejudice against Duke Energy Merchants, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| August 13, 2008 | 1958 | ORDER ADMITTING ATTORNEY Elaine M. Maldonado-Matias PRO HAC VICE for Total Petroleum Puerto Rico Corporation and Total Oil. (Signed by Judge Shira A. Scheindlin on 8/13/08) (cd) |
| August 14, 2008 | 1959 | ORDER MODIFYING CASE MANAGEMENT ORDER NO.35, see document for various discovery deadlines. ( Motions for summary judgment regarding causation due by 10/17/2008. Joint Pretrial Order due by 12/1/2008. Replies due by 11/17/2008. Responses due by 11/7/2008) Jury questionnaires due 12/10/08 (Signed by Judge Shira A. Scheindlin on 8/14/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| August 14, 2008 | 1960 | ORDER that the 10/15/07 order appointing Rachel Spector as Special Master is amended as follows: pursuant to FRCP 53(a), I am appointing Seth Ard as special Master to further assist the Court. This Order is effective 9/8/08, and as further set forth in this document. Finally, this Order may be amended at any time upon notice to the parties, and an opportunity to be heard. (Signed by Judge Shira A. Scheindlin on 8/14/08) (cd) |
| August 25, 2008 | 1962 | ORDER GRANTING ADMISSION JAN CARLOS RODRIGUEZ-MUNOZ: It is hereby ordered that Jan Carlos Rodriguez-Munoz, is admitted to practice pro hac vice. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo) |
| August 25, 2008 | 1963 | ORDER GRANTING ADMISSION OF JUAN A. MARQUES-DIAZ: It is hereby ordered that Juan A. Marques-Diaz, is admitted to practice pro hac vice in this action. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo) |
| August 29, 2008 | 1964 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Stephen Riccardulli dated 8/29/08 re: Defendants request relief from the 9/2 discovery deadline, and request to be given until 1 week after plaintiff has served its amended complaint to propound that preliminary discovery. ENDORSEMENT: Defendants' request is granted. Defendants shall serve discovery requests within one week from the date that plaintiff serves its amended complaint. (Signed by Judge Shira A. Scheindlin on 8/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| September 3, 2008 | 1965 | ORDER plaintiffs shall file an Amended Complaint no later than Monday, 9/8/08. The parties shall propound discovery in the 8/12/08, status conference, no later than Monday 9/15/08. ( Amended Pleadings due by 9/8/2008.) (Signed by Judge Shira A. Scheindlin on 9/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| September 3, 2008 | 1966 | SCHEDULING ORDER: the Court considered the parties' Agreed Motion for Scheduling Order and the Court is of the opinion that it is meritorious and should be GRANTED. The schedule for expert and fact discovery related tot he 20 focus plumes designated by the parties as further set forth in this document. Expert Discovery due by 7/31/2009 (fact discovery by 3/16/09). (Signed by Judge Shira A. Scheindlin on 9/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) |
| September 12, 2008 | 1969 | ORDER GRANTING ADMISSION OF ELAINE M. MALDONADO-MATIAS: Maldonado-Matias is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Total Oil, Inc. (Signed by Judge Shira A. Scheindlin on 9/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro) |
| September 15, 2008 | 1970 | ORDER: In response to an order of this Court, plaintiff filed a more definite statement of their complaint on 9/8/08. The Court has reviewed defendants' letter of 9/12/08, and plaintiffs' amended complaint. The amended complaint is sufficient to allow defendant to prepare a response, in accordance with F.R.C.P. 12(e). The parties may serve discovery requests forthwith. Defendant must file a responsive pleading no later than 10/1/08. (Signed by Judge Shira A. Scheindlin on 9/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(tro) |
| September 17, 2008 | 1996 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those settling defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-08360-SAS(cd) |
| September 17, 2008 | 1997 | ORDER OF DISMISSAL WITH PREJUDICE, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants that have been named or have appeared...on the attached Exhibt A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(cd) |
| September 17, 2008 | 1998 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03754-SAS(cd) |
| September 18, 2008 | 1999 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of nay kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd) |
| September 18, 2008 | 2000 | ORDER OF DISMISSAL WITH PREJUDICE this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibt A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd) |
| September 18, 2008 | 2001 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd) |
| September 18, 2008 | 2002 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, couternclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd) |
| September 18, 2008 | 2003 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03413-SAS(cd) |
| September 18, 2008 | 2004 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03741-SAS(cd) |
| September 18, 2008 | 2005 | ORDER OF DISMISSAL WITH PREJUDICE that the action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(cd) |
| September 18, 2008 | 2006 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd) |
| September 18, 2008 | 2007 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd) |
| September 18, 2008 | 2008 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and corss-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd) |
| September 18, 2008 | 2009 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd) |
| September 18, 2008 | 2010 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd) |
| September 18, 2008 | 2011 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd) |
| September 18, 2008 | 2012 | ORDER OF DISMISSAL WITH PREJUDICE of this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd) |
| September 18, 2008 | 2013 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd) |
| September 18, 2008 | 2014 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-01381-SAS(cd) |
| September 18, 2008 | 2015 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03412-SAS(cd) |
| September 18, 2008 | 2016 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04990-SAS(cd) |
| September 18, 2008 | 2017 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settled Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd) |
| September 18, 2008 | 2018 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(cd) |
| September 18, 2008 | 2019 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd) |
| September 18, 2008 | 2020 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02057-SAS(cd) |
| September 18, 2008 | 2021 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd) |
| September 18, 2008 | 2022 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and counterclaims, and cross-claims of any kind, is dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd) |
| September 18, 2008 | 2023 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhbit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03742-SAS(cd) |
| September 18, 2008 | 2024 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02056-SAS(cd) |
| September 18, 2008 | 2025 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01724-SAS(cd) |
| September 18, 2008 | 2026 | ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02059-SAS(cd) |
| September 18, 2008 | 2027 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and corss-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01722-SAS(cd) |
| September 18, 2008 | 2028 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03751-SAS(cd) |
| September 18, 2008 | 2029 | ORDER OF DISMISSAL WITH PREJUDICE that this action including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(cd) |
| September 18, 2008 | 2030 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-defendants of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd) |
| September 18, 2008 | 2031 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd) |
| September 18, 2008 | 2032 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03752-SAS(cd) |
| September 18, 2008 | 2033 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd) |
| September 18, 2008 | 2034 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| September 18, 2008 | 2035 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02055-SAS(cd) |
| September 18, 2008 | 2036 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02061-SAS(cd) |
| September 18, 2008 | 2037 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd) |
| September 18, 2008 | 2038 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including, all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02060-SAS(cd) |
| September 18, 2008 | 2039 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02062-SAS(cd) |
| September 18, 2008 | 2040 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including, all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(cd) |
| September 18, 2008 | 2041 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| September 18, 2008 | 2042 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd) |
| September 18, 2008 | 2043 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own Costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03750-SAS(cd) |
| September 18, 2008 | 2044 | ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd) |
| September 18, 2008 | 2045 | ORDER GRANTING PETITION FOR ATTORNEY'S FEES in case 1:06-cv-05496-SAS; granting (1968) Motion for Attorney Fees in case 1:00-cv-01898-SAS-DCF. An attorneys fee percentage of 331/3 of the cash recovery of $3,767,734.66 be awarded to Baron & Budd PC, Weitz & Luxenberg PC, and Sher Leff LLP. The final allocation costs and expenses (approximately $58,000.00) be paid to Baron & Budd PC, Weitz & Luxenberg, PC, and Sher Leff LLP. (Signed by Judge Shira A. Scheindlin on 9/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd) |
| September 22, 2008 | 2046 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas P. Gressette, Barry A. Knopf andLeonard Z. Kaufmann for New Jersey Department of Environmental Protection and New Jersey American Water Company, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| September 22, 2008 | 2047 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Orlando H. Martinez for Commonwealth of Puerto Rico and Commonwealth of Puerto Rico Environmental Quality Board admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| September 22, 2008 | 2048 | ORDER ADMITTING ATTORNEYS John K. Dema, Scott E. Kauff, Gordon C. Rhea, Aaron R. Dias PRO HAC VICE for plaintiffs The Administrator of the New Jersey Spill compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through the Environmental Quality Board. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| September 25, 2008 | 2049 | ORDER APPROVING PETITION FOR APPROVAL OF SETTLEMENT FOR MINOR CHILDREN that the Petition for Court Approval of Settlements for Minor Children identified in Exhibit "A" is hereby approved. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd) |
| September 25, 2008 | 2050 | CORRECTED ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd) |
| September 25, 2008 | 2051 | CORRECTED ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd) |
| September 25, 2008 | 2052 | STIPULATION AND ORDER REGARDING USE OF QUESTIONNAIRES FOR DISCOVERY PURPOSES, that plaintiffs shall return their completed and verified Questionnaires and Medical Authorizations according to the instructions outlined therein within 30 days form the date on which the Court enters its Order, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-10205-SAS(cd) |
| September 26, 2008 | 2053 | STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(2) AND ORDER THREON it is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Occidental Chemical Corporation and with each party to bear its own costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Signed by Judge Shira A. Scheindlin on 9/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| September 18, 2008 | 2054 | ORDER OF DISMISSAL WITH PREJUDICE the Plaintiff and Settling Defendants have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of Settling Defendants only from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to the Settling Defendants only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants that have been named or have appeared in the above captioned action, including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/2008) (jmi) |
| October 7, 2008 | 2063 | ORDER ADMITTING ATTORNEY Alejandro J. Cepeda-Diaz PRO HAC VICE for the following defendants, upon payment of the required $25 fee to the Clerk of the Court. Attorney Alejandro J. Diaz for Shell Oil Co., Shell Company Puerto Rico LTD, Shell Chemical Yabucoa, Inc., Shell Trading (US) Company, Motiva Enterprises, LLC, Equilon Enterprises, LLC, Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company and Shell Trading (US) Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| October 15, 2008 | 2069 | ORDER FURTHER MODIFYING CASE MANAGEMENT ORDER #35, final Joint Pre-Trial Order, including elements required by Court's standard Pre-Trial Order Form, due 12/1/08, see document for other deadlines. ( Pretrial Order due by 12/1/2008.) (Signed by Judge Shira A. Scheindlin on 10/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| October 15, 2008 | 2070 | MEMO ENDORSEMENT re: Motion to Withdraw as Counsel of Record. ENDORSEMENT: Defendants' request is granted. The Clerk of Court is directed to remove Jan Carlos Rodriguez-Munoz as counsel of record in this case. (Signed by Judge Shira A. Scheindlin on 10/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(db) |
| October 27, 2008 | 2077 | CASE MANAGEMENT ORDER #40: In the City of NY case, the trial will begin on 6/22/09. Defendants in the City of NY case will provide plaintiffs with updated site information from the two identified Shell stations by 10/10/08. Plaintiffs, in turn, will state by 10/23/08, whether each of the seven "potentially threatened wells" listed in their interrogatory response is threatened or not.....The next status conference is scheduled for 10/30/08 at 10:00 am. Status Conference set for 10/30/2008 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 10/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) Modified on 10/30/2008 (tro). |
| October 30, 2008 | 2082 | ORDER: Case Management Order #39, dated 10/27/08, should have been numbered 40 instead of 39. Accordingly, the Clerk of the Court is directed to amend the 10/27/08 Case Management Order #39 (Document #2077) so that it is entitled Case Management Order #40. (Signed by Judge Shira A. Scheindlin on 10/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro) |
| October 30, 2008 | 2083 | AMENDED ANSWER to (1238 in 1:00-cv-01898-SAS-DCF) Amended Complaint,,,,,. Document filed by Gulf Oil LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Garvey, Christopher) |
| October 31, 2008 | 2085 | STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION. Pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the summons with Notice and the Complaint in the above-captioned action as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04011-SAS(djc) |
| October 31, 2008 | 2086 | STIPULATION AND ORDER OF DISMISSAL as AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION. Pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the summons with Notice and the Complaint in the above-captioned action as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS, 1:07-cv-04012-SAS, 1:07-cv-06848-SAS(djc) |
| October 31, 2008 | 2087 | ORDER OF DISMISSAL on MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(2) of the FRCP, without prejudice the above-captioned matter, with each party bearing its own costs. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(djc) |
| November 3, 2008 | 2088 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. Rosemore Inc. answer due 12/31/2008. (Signed by Judge Shira A. Scheindlin on 11/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db) |
| November 5, 2008 | 2089 | NOTICE OF APPEARANCE by John Michael Guthrie on behalf of Leemilt's Petroleum Inc., Getty Properties Corp. (Guthrie, John) |
| November 6, 2008 | 2114 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tracey O'Reilly dated 11/5/08 re: The parties request that. the three pending pre-trial deadlines under Case Management Order #35 be slightly adjusted: Plaintiffs' Opposition to Defendants' MSJ re Causation Current Deadline Friday 11/7/08. Proposed Deadline: Wednesday, 11/12/08. Plaintiffs' opposition will be significantly different if the settlement with Sunoco is finalized this weekend, and plaintiffs need only address Exxon. Parties Exchange Draft Pre-Trial Orders Current Deadline: Monday, 11/10/08. Proposed Deadline Monday, 11/24/08. The parties will not need to expend significant time and effort on Pre-Trial Orders if the Sunoco settlement is finalized this weekend, and the mediation scheduled with Exxon is successful. Defendants' Replies to Motions in Limine Current Deadline: 11/17/08. Proposed Deadline 11/17-18/08. ENDORSEMENT: So Ordered. ( Replies due by 11/18/2008. Responses due by 11/12/2008) (Signed by Judge Shira A. Scheindlin on 11/6/08) (js) |
| November 6, 2008 | 2115 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 11/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(js) |
| November 7, 2008 | 2116 | STIPULATION AND ORDER RE DEFENDANT EXXONMOBIL CORPORATION'S MOTION IN LIMINE CONCERNING FINANCIAL CONDITION, the issue of the amount of punitive damages, if any, for which Exxon will be liable will be severed from and tried after the jury's determination on the issues of liability and a finding Exxon acted with malice or conscious disregard. Exxon will produce its latest annual and quarterly financial statements immediately after the jury's decision on the issue of liability for punitive damages, and, if needed, will immediately provide an appropriate witness to authenticate and explain these financial records. (Signed by Judge Shira A. Scheindlin on 11/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| November 7, 2008 | 2117 | STIPULATION AND ORDER TO EXCLUDE TESTIMONY, ARGUMENT OR EVIDENCE REGARDING BENZENE, plaintiffs hereby stipulate that Myron A/ Mehlman, Ph.D is precluded from offering at trial any opinions relating to benzene or the alleged health effects of benzene exposure, including but not limited to the opinions expressed in his Expert Report dated 2/2/07 or in the Addendum to his Expert Report dated 4/26/07. (Signed by Judge Shira A. Scheindlin on 11/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| November 10, 2008 | 2119 | ORDER the motion to withdraw the appearances of John McGahren, Esquire and Daniel Mulvihill, Esquire, of Patton Boggs, LLP, on behalf of Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters is GRANTED. IT IS FURTHER ORDERED that John C. McMeekin II, Esquire, of Rawle & Henderson, LLP, is hereby substituted as counsel for Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi) |
| November 10, 2008 | 2120 | ORDER ADMITTING ATTORNEY PRO HAC VICE Alan L. Sullivan and Amber M. Mettler for Defendant Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi) |
| November 10, 2008 | 2121 | ORDER GRANTING SUBSTITUTION OF COUNSEL Pursuant to Local Rule 1.4, Wallace King Domike & Reiskin PLLC and King & Spalding LLP, current counsel of record for defendant Huntsman Petrochemical Corporation, seek an order for substitution of counsel. Huntsman Petrochemical Corporation is currently represented by Richard E. Wallace, Jr., William F. Hughes, and Rebecca L. Schuller of Wallace Domike &Reiskin PLLC, and Robert E. Meadows and Charles C. Correll, Jr. of King & Spalding L.L.P. Huntsman Petrochemical Corporation has consented to representation by Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP. Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP, have accepted representation of Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi) |
| November 12, 2008 | 2126 | ORDER TO SHOW CAUSE: Defendants are ordered to show cause by November 20 why this action should not be remanded to state court because it does not "arise under" federal law within the meaning of Article III of the Constitution, given that no federal issue appears to be stated in the complaint or the removal petition. If plaintiffs elect to respond, they must do so by 12/2/2008. (Signed by Judge Shira A. Scheindlin on 11/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(cd) |
| November 18, 2008 | 2133 | STIPULATION AND ORDER, that the deadline for Plaintiffs to file any opposition in response to Western's Motion to Dismiss shall be extended to 1/23/09. Set Deadlines/Hearing as to (2090 in 1:00-cv-01898-SAS-DCF, 20 in 1:08-cv-00312-SAS) MOTION to Dismiss for Lack of Jurisdiction. ( Response due by 1/23/2009) (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) (cd). |
| November 18, 2008 | 2134 | STIPULATION AND ORDER FOR GETTY PROPERTIES TO ANSWER THE COMPLAINT, that the time for defendant Getty Properties to answer the Third amended Complaint is extended to 11/21/08. Answer due 11/21/2008. (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| November 18, 2008 | 2136 | STIPULATION AND ORDER EXTENDING TIME FOR GETTY PROPERTIES CORP. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: It is hereby stipulated and agreed that the time for defendant Getty Properties Corp to answer or otherwise respond to the Third Amended Complaint is extended to and including November 21, 2008. (Signed by Judge Shira A. Scheindlin on 11/18/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jpo) |
| November 19, 2008 | 2137 | ORDER MODIFYING CASE MANAGEMENT ORDER #35 that plaintiffs' request for leave to depose Exxon Mobil Corporation's expert John P. Maney, Ph.D is GRANTED. Exxon shall produce all documents and materials for this deposition by 11/21/08, and make Dr. Maney available for a deposition in NY NY by 11/26/08. Plaintiffs' response to Exxon's Motion in Limine to exclude Testing of Plaintiffs' Well Water by Friedman & Bruya shall be filed within 5 calendar days after the completion of Dr. Maney's deposition and Exxon's reply shall be filed 5 calendar days thereafter. (Signed by Judge Shira A. Scheindlin on 11/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd) |
| November 19, 2008 | 2138 | ORDER that with consent of both the City of New York and the Shell Defendants, the Court hereby ORDERS that the request by the Shell Defendants for relief from the deadlines in CMO 26 be referred to Special Master Warner pursuant to FRCP 72(a) for disposition in the course of resolving the City's motion to compel. Special Master Warner is hereby authorized to consider the Shell Defendants' request on its merits. (Signed by Judge Shira A. Scheindlin on 11/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| November 26, 2008 | 2163 | CASE MANAGEMENT ORDER #41, that the Clerk of Court is directed to convert all open member cases of MDL 1358, 00-civ-1898, into ECF cases. This includes the following cases and any that is made part of MDL 1358 in the future, as listed further in this document. (Signed by Judge Shira A. Scheindlin on 11/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) M. |
| December 1, 2008 | 2164 | CASE MANAGEMENT PLAN #42: With respect to the New Jersey and Commonwealth of Puerto Rico cases, the parties will attempt to agree upon, and submit, pre-trial schedules by the next status conference. For new focus cases, plaintiffs have selected American Water of New Jersey and defendants have selected Village of Sands Point, New York. The parties in both cases shall meet and confer to submit pre-trial schedules for these cases by the next status conference, with trial dates in each on June 29, 2009. In the newly filed TSCA cases, if the defendants wish to file a motion to dismiss the non-TSCA claims and the non-TSCA defendants, they shall do so by November 21,2008. Plaintiffs shall reply by December 19,2008 and defendants shall reply by January 5, 2009.The next status conference is scheduled for December 11,2008 at 2:00 p.m. SO ORDERED Replies due by 1/5/2009. Status Conference set for 12/11/2008 at 02:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi) Modified on 12/8/2008 (jmi). |
| December 1, 2008 | 2165 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS John and Ann Quattrocchi, as parents having legal custody of the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, be and are hereby authorized and permitted to compromise and settle the above-captioned action (the "Action") for and on behalf of the Quattrocchi Family (including the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi), against Defendants Sunoco, Inc. and Sunoco, Inc. (R&M) ("Sunoco")in the amount of $10,000.00 (the "Settlement Payment"), conditioned upon compliance with the remaining provisions of this Order. Defendant Sunoco shall make the Settlement Payment with a check made payable to Peter D. Hoffman, Esq., as Attorney for the Quatrrocchi Family (including Mr. and Mrs. John and Ann Quattrocchi, both on behalf of themselves and as the parents having legal custody of John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, the infants). Within 30 days of receiving the Settlement Payment, John and Ann Quattrocchi, as parents having legal custody of the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, shall move this Court for an order dismissing the Quattrocchi Family's claims against Defendant Sunoco with prejudice. The Settlement Payment shall be held by Peter D. Hoffman, Esq., counsel for the Quattrocchi Family, in an escrow account until such time as this Court enters a order dismissing the Quattrocchi Family's claims against Defendant Sunoco from the above-captioned action with prejudice. If the Court declines to enter such an order, Peter D. Hoffman, Esq., shall refund the Settlement Payment to Defendant Sunoco within 30 days of such an order. (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jmi) |
| December 1, 2008 | 2166 | STIPULATION AND ORDER by and between the undersigned counsel for the parties in City of New York v. Amerada Hess Corp., et al., subject to the approval and entry as an Order by the Court, that the Revised Confidentiality Order entered in MDL 1358 on September 24, 2004 ("Revised Confidentiality Order") is amended in the City of New York action only by adding a new paragraph II.C.a.(ii)(4) as follows: C.a.(ii). For purposes of this Order, "CONFIDENTIAL DOCUMENT(S), INFORMATION OR OTHER THING(S) are DOCUMENTS (S), INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED in THIS ACTION with Confidentiality Designations in accordance with this Section and: (4) That are PRODUCED OR DISCLOSED by theCity of New York ("the City") in City of New York v. Amerada Hess Corp. et al., 04 CV 3417, and which concern future planning for or use of the City's water supply and which City asserts are protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive the City'S right to assert that the DOCUMENT, INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED pursuant to this paragraph are covered by the deliberative process privilege. Defendants assert that the DOCUMENTS, INFORMATION OR OTHER THING(S) to PRODUCED OR DISCLOSED pursuant to this paragraph are not protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive Defendants' right to challenge the City's assertion of deliberative process privilege over any of said DOCUMENT, INFORMATION OR OTHER THING(S). Documents, information or other things designated by the City of New York as confidential under the foregoing paragraph shall be subject to the same terms, conditions and restrictions as documents, information or other things designated as confidential under paragraph C of the Revised Confidentiality Order. Within 10 days of the entry of this Stipulation and Order, counsel for each of the parties to the City of New York action shall acknowledge in writing that they have received and reviewed a copy of the Stipulation and Order and shall promptly file said acknowledgment with counsel for the City. SO ORDERED (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi) Modified on 12/8/2008 (jmi). |
| December 2, 2008 | 2167 | CASE MANAGEMENT ORDER NO. 43: (PRE-TRIAL DEADLINE FOR NAPOLI BERN CASES SET FOR TRIAL ON JUNE 22, 2009) Fact Discovery Closes February 16; Summary Judgment Motions not requiring expert evidence filed January 30; Expert Discovery Closes April 30; Dispositive Motions filed (Expert-based only) April 24; Response Briefs (21 days) May 1; Reply Briefs (14 days) May 8; Motions in Limine Filed May 11; Responses to Motions in Limine May 25; Replies to Motion in Limine June 1; Parties to file Joint Proposed Pretrial Order June 1; Parties to file jury questionnaires June 12; TRIAL BEGINS June 22. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS(tro) |
| December 2, 2008 | 2168 | ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT granting (2075) Motion in case 1:00-cv-01898-SAS-DCF. The settlement reached between Lyondell Chemical Company and Equistar Chemicals LP, on one hand, and Plaintiffs City of Riverside, Quincy Community Services District, People of the State of California, California-American Water Co., et al. and Martin Silver, et al., on the other hand, was made in good faith within the meaning of California Code of Civil Procedure 877 and 877.6, as well as the case law interpreting those sections, including, Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. 38 Cal. 3d 488 (1985), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. the settlement reached as between the Village of Island Lake, a municipal corporation, on one hand, and the Settling Defendants on the other hand, is made in good faith within the meaning of 740 ILCS 100/2 and case law interpreting that section, including Johnson v. United Airlines, 784 N.E.2d 812, 818 (III. 2003), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. Accordingly, pursuant to F.R.C.P. 54(b), and there being no just cause for delay, the Motion of Settling Defendant is hereby Granted. The clerk is Ordered to enter judgment that the Settlement Agreement dated 6/3/08 constitutes a good faith settlement under applicable laws and the Settling Defendant are thereby protected from joint tortfeasor claims as set forth above. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro) |
| December 2, 2008 | 2169 | ORDER GRANTING ADMISSION PRO HAC VICE: This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro) |
| December 2, 2008 | 2170 | ORDER GRANTING ADMISSION PRO HAC VICE. This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. Attorney William P. Childress for Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Fint Hills Resources, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc, Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc., Flint Hilss Resources, Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc. and Flint Hills Resources, LP admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db) |
| December 2, 2008 | 2171 | CASE MANAGEMENT ORDER NO. 43 (PRE-TRIAL DEADLINES FOR NAPOLI BERN CASESSET FOR TRIAL ON JUNE 22, 2009): Fact Discovery due 2/16/09. Summary Judgment Motions (not requiring expert evidence) due 1/30/09. Dispositive Motions (Expert-based only) due 4/24/09. In Limine Motions due by 5/11/2009. Responses due by 5/25/2009. Replies due by 6/1/2009. Expert Discovery due by 4/30/2009. Joint Proposed Pretrial Order due by 6/1/2009. Ready for Trial by 6/22/2009. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS(db) |
| December 2, 2008 | 2172 | ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT: (1) The settlement reached between Lyondell Chemical Company and Equistar Chemicals LP, on one hand, and Plaintiffs City of Riverside, Quincy Community Services District, People of the State of California, California-American Water Co., et al. and Martin Silver, et al., on the other hand, was made in good faith within the meaning of California Code of Civil Procedure §877 and §877.6, as well as the case law interpreting those sections, including Tech-Bilt, Inc. v. Woodward-Clyde & Assoc., 38 Cal. 3d 488 (1985), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law; and (2) The settlement reached as between the Village of Island Lake, a municipal corporation, on one hand, and the Settling Defendants on the other hand, is made in good faith within the meaning of § 740 ILCS 100/2 and case law interpreting that section, including Johnson v. United Airlines, 784 N.E.2d 812, 818 (Ill. 2003), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. Accordingly, pursuant to Federal Rule of Civil Procedure 54(b), and there being no just cause for delay, the Motion of Settling Defendants is hereby Granted. The clerk is Ordered to enter judgment that the Settlement Agreement dated June 3, 2008 constitutes a good faith settlement under applicable laws and the Settling Defendants are thereby protected from joint tortfeasor claims as set forth above. ORDER granting (39) Motion in case 1:04-cv-02053-SAS; granting (45) Motion in case 1:04-cv-04970-SAS; granting (28) Motion in case 1:04-cv-04969-SAS; granting (66) Motion in case 1:04-cv-04972-SAS; granting (26) Motion in case 1:04-cv-04975-SAS; granting (30) Motion in case 1:04-cv-04974-SAS. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db) |
| December 1, 2008 | 2173 | MEMO ENDORSEMENT on Plaintiff's Motion for Voluntary Dismissal Pursuant to Rule 41(A)(2), without prejudice, with each party bearing its own costs: So ordered. (Signed by Judge Shira A. Scheindlin on 11/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-02403-SAS, 1:07-cv-02405-SAS, 1:07-cv-02406-SAS, 1:07-cv-02407-SAS(cd) |
| December 3, 2008 | 2174 | ORDER GRANTING SUBSTITUTION OF COUNSEL that Sabic Americas has consented to representation by Gregory O'Hara, Kathleen M. Balderston and Kristin Jamberdino of Nixon Peabody LLP and that Thelen LLP is now former counsel. (Signed by Judge Shira A. Scheindlin on 12/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| December 8, 2008 | 2175 | REPLY MEMORANDUM OF LAW in Support re: (111 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 8, 2008 | 2176 | DECLARATION of Jennifer Kalnins Temple in Support re: (111 in 1:03-cv-09050-SAS, 116 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 8, 2008 | 2178 | PRETRIAL ORDER NO. (APPLICATION OF REVISED CONFIDENTIALITY ORDER TO PRODUCTION OF DOCUMENTS OR THINGS PURSUANT TO THE PIPELINE SUBPOENAS): It is hereby ORDERED that the provisions of the Revised Confidentiality Order ("RCO") entered by the Court on September 24, 2004, as amended by Stipulation and Order entered by the Court on December 1, 2008, in In Re MTBE Products Liability Litigation, MDL No. 1358, (Exhibit A), regarding the production and disclosure of confidential documents, information or other things shall apply to the documents, information or other things produced or disclosed by pipeline companies in response to any of the Subpoenaed Parties pursuant to the terms set forth below: (1) Any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas may be produced or disclosed with the Confidentiality Designations set forth in the RCO (i. e., "CONFIDENTIAL (per 2004 MDL 1358 Order)" or "CONFIDENTIAL MATERIALS (per 2004 MDL 1358 Order) -- FOR OUTSIDE COUNSEL ONLY") where such documents, information or other things are subject to limitations on disclosure pursuant to Section 15(13) of the Interstate Commerce Act or otherwise contain a trade secret or other confidential research, development or commercial information as those terms are used in Rule 26(c)(7) of the Federal Rules of Civil Procedure, including but not limited to the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to such common carrier pipelines for interstate transportation; (2) The Subpoenaed Parties need not abide by those portions of the RCO relating to "Approved Copying Service[s]," provided that the Subpoenaed Parties and the Parties issuing Subpoenas make alternate, mutually agreeable arrangements for the copying of documents or things produced or disclosed pursuant to the Pipeline Subpoenas; and (3) The terms of this Order and the RCO with respect to any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas shall be binding upon all parties to the above-captioned action and any other persons who have agreed to be bound by the RCO. (Signed by Judge Shira A. Scheindlin on 12/8/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) |
| December 9, 2008 | 2180 | OPINION AND ORDER #96841 re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco (R&M). Defendants' motion is granted. The Clerk of the Court is directed to close this motion (docket #2072). (Signed by Judge Shira A. Scheindlin on 12/9/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(tro) Modified on 12/11/2008 (mro). |
| December 11, 2008 | 2181 | CLERK'S RULE 54(b)JUDGMENT That for the reasons stated in the Court's Order dated December 2, 2008, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), the motion of the settling defendants is granted and judgment is entered that the Settlement Agreement dated June 3, 2008 constitutes a good faith settlement under applicable laws and the Settling Defendants are hereby protected from joint tortfeasor claims as set forth in the Order dated December 2, 2008. (Signed by J. Michael McMahon, clerk on 12/10/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml) |
| December 10, 2008 | 2182 | ORDER GRANTING TOTAL PETROCHEMICALS USA, INC'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, granting (48) Motion for Settlement in case 1:04-cv-02053-SAS; granting (2156) Motion for Settlement in case 1:00-cv-01898-SAS-DCF. The clerk is directed to enter judgment on the issue of the determination that the Settlement Agreement dated 8/15/08 is a good faith settlement under the laws of the State of Illinois and that TOTAL is therefore protected from joint tortfeasor claims as set forth herein.. (Signed by Judge Shira A. Scheindlin on 12/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd) |
| December 10, 2008 | 2183 | ORDER TO ADMIT NICHOLAS G. CAMPINS AND MARNIE E. RIDDLE AS COUNSEL PRO HAC VICE, Nicholas G. Campins and Marnie E. Riddle PRO HAC VICE are admitted on behalf of The City of New York, the City of Riverside, Quincy Community Services District, California-American Water Company, M & P Silver Family Partners II, and the State of New Mexico. (Signed by Judge Shira A. Scheindlin on 12/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| December 11, 2008 | 2184 | AGREED ORDER OF DISMISSAL: The Court, having considered the foregoing representations, is of the opinion and does hereby dismiss without prejudice Defendant Coastal Oil New England, Inc. in the manner heretofore described. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 12/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(jpo) |
| December 11, 2008 | 2185 | STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE UNDER F.R.C.P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release and Indemnity Agreement, and this Stipulated Order of Dismissal with Prejudice. The parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 12/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) |
| December 11, 2008 | 2188 | Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 11, 2008 | 2189 | Exhibit List First Supplemental Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 11, 2008 | 2190 | PROPOSED VOIR DIRE QUESTIONS. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 11, 2008 | 2191 | PROPOSED JURY INSTRUCTIONS. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 11, 2008 | 2192 | PRETRIAL MEMORANDUM. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 11, 2008 | 2193 | NOTICE of Proposed Verdict Form. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 12, 2008 | 2194 | CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated December 10, 2008, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), TOTAL's Motion for Determination of Good Faith Settlement is granted and judgment is entered on the issue of the determination that the Settlement Agreement dated August 15, 2008 is a good faith settlement under the laws of the State of Illinois and that TOTAL is therefore protected from joint tortfeasor claims as set forth in the Order dated December 10, 2008. (Signed by J. Michael McMahon, clerk on 12/12/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ml) |
| December 17, 2008 | 2195 | STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION that pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the Summons with Notice and the Complaint as against Defendants Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 12/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS(cd) |
| December 17, 2008 | 2196 | STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION that pursuant to FRCP 41(a)(2), plaintiff voluntarily dismisses without prejudice the Summons with Notice and the Complaint as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 12/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-06848-SAS(cd) |
| December 17, 2008 | 2197 | Objection Defendant Exxon Mobil Corporation's Objections and Counter-Designations to Plaintiffs' Page and Line Designations From the Deposition of Curtis Stanley. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 23, 2008 | 2198 | ORDER GRANTING SUBSTITUTION OF COUNSEL that Littleton Joyce Ughetta Park & Kelly LLP may substitute in for Ropes & Gray LLP as counsel for Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 12/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| December 24, 2008 | 2200 | MOTION for Leave to File Third-Party Complaint against Favre Bros. Land, Inc., LeRoy G. Favre Jr. and David J. Favre.. Document filed by Sunoco (R&M), Exxonmobil Corporation, SUNOCO (R & M), EXXON MOBIL CORPORATION, Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 24, 2008 | 2201 | MEMORANDUM OF LAW in Support re: (170 in 1:03-cv-09050-SAS) MOTION for Leave to File Third-Party Complaint against Favre Bros. Land, Inc., LeRoy G. Favre Jr. and David J. Favre... Document filed by Sunoco (R&M), Exxonmobil Corporation, SUNOCO (R & M), EXXON MOBIL CORPORATION, Sunoco, Inc., Exxon Mobil Corporation. (Attachments: # 1 Exhibit Proposed Third-Party Complaint)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks) |
| December 29, 2008 | 2203 | STIPULATION TO EXTEND PLAINTIFFS' TIME TO RESPOND TO NON-TSCA DEFENDANTS' MOTION TO DISMISS that plaintiffs' time to respond to Defendants' Motion to Dismiss is extended to 1/5/09 and Defendants shall serve their reply by 1/13/09. ( Replies due by 1/13/2009. Responses due by 1/13/2009) (Signed by Judge Shira A. Scheindlin on 12/24/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| December 29, 2008 | 2204 | CASE MANAGEMENT ORDER NO.: this Case Management Order defines the scope of initial electronic discovery in the New Jersey Case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| December 29, 2008 | 2205 | CASE MANAGEMENT ORDER NO. 44: this Case Management Order sets forth preliminary procedures for initial discovery in the Puerto Rico Case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| December 29, 2008 | 2206 | CASE MANAGEMENT PLAN No. 45: this Case Management Order defines the scope of initial electronic discovery in the New Jersey case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| January 6, 2009 | 2207 | NOTICE of that Mark A. Greenwood withdraws as counsel for defendant Huntsman Petrochemical Corporation re: 2198 Order,. Document filed by Huntsman Corporation. (Ertman, John) |
| January 6, 2009 | 2208 | NOTICE of that John Ertman withdraws as counsel for defendant Huntsman Petrochemical Corporation re: 2174 Order,. Document filed by Huntsman Corporation. (Ertman, John) |
| January 5, 2009 | 2209 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 3/31/09 for Rosemore Inc. Rosemore Inc. answer due 3/31/2009; Rosemore, Inc. answer due 3/31/2009. (Signed by Judge Shira A. Scheindlin on 1/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| January 6, 2009 | 2210 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41, that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, (Giant Industries, Inc, Western Refining, Inc, Western Refining Yorktown, Inc, formerly known as Giant Yorktown, Inc, Western Refining Company, L.P., and Western Refining Southwest, Inc., formerly known as Giant Industries Arizona, Inc and formerly doing business as Giant Refining Company),including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd) |
| January 6, 2009 | 2211 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants (see above re Giant) only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd) |
| January 6, 2009 | 2212 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd) |
| January 6, 2009 | 2213 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd) |
| January 6, 2009 | 2214 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-01381-SAS(cd) |
| January 6, 2009 | 2215 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd) |
| January 6, 2009 | 2216 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of the action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd) |
| January 6, 2009 | 2217 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03741-SAS(cd) |
| January 6, 2009 | 2218 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-08360-SAS(cd) |
| January 6, 2009 | 2219 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd) |
| January 6, 2009 | 2220 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd) |
| January 6, 2009 | 2221 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd) |
| January 6, 2009 | 2222 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd) |
| January 6, 2009 | 2223 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Thomas P. Griesa on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd) |
| January 6, 2009 | 2224 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd) |
| January 6, 2009 | 2225 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd) |
| January 6, 2009 | 2226 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| January 6, 2009 | 2227 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd) |
| January 6, 2009 | 2228 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd) |
| January 6, 2009 | 2229 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd) |
| January 6, 2009 | 2230 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd) |
| January 6, 2009 | 2231 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd) |
| January 6, 2009 | 2232 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd) |
| January 6, 2009 | 2233 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd) |
| January 6, 2009 | 2234 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant, including all claims and counterclaims, with prejudice. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd) |
| January 6, 2009 | 2235 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd) |
| January 6, 2009 | 2236 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd) |
| January 6, 2009 | 2237 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd) |
| January 6, 2009 | 2238 | STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(cd) |
| January 8, 2009 | 2241 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including March 31, 2009 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 1/8/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jmi) Modified on 1/21/2009 (jmi). |
| January 9, 2009 | 2242 | SUGGESTION OF BANKRUPTCY upon the record as to Lyondell Chemical Company and Equistar Chemicals, LP. Document filed by Equistar Chemicals, L.P.,, Lyondell Chemical Company,, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company,, Equistar Chemicals, LP, Equistar Chemicals, L.P., Lyondell Chemical Co., Lyondell Chemical Co., Equistar Chemicals L.P., Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Co, Equistar Chemicals, LP, Lyondell Chemical Company, Lyondell Chemical Corporation, 7-Eleven, Inc.,, Equistar Chemicals,L.P., Lyondell Ccemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals LP, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lynondell Chemical CompanyAssociated Cases: 1:00-cv-01898-SAS-DCF et al.(Paz, Inbal) |
| January 12, 2009 | 2243 | SUGGESTION OF BANKRUPTCY upon the record as to Lyondell Chemical Company and Equistar Chemicals, LP. Document filed by Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Corporation, Lydondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lynondell Chemical Company, Lyondell Chemical CompanyAssociated Cases: 1:00-cv-01898-SAS-DCF et al.(Paz, Inbal) |
| January 13, 2009 | 2244 | CASE MANAGEMENT PLAN #46: In the City of NY case, employees of the parties who will testify as experts must be disclosed at the same time as other experts. If the employees are not retained under Rule 26, they do not need to furnish an expert report. In the Orange County case, the three plumes that plaintiffs dismissed from defendants' selection of ten focus plumes are dismissed without prejudice because the claims relating to those plumes are not ripe. Plaintiffs will not dismiss all claims relating to the seven remaining plumes on defendants' list. Defendants will select three more focus plumes by 12/19/08 and plaintiffs will inform defendants by 1/7/09 whether plaintiffs' claims relating to the selected plumes are ripe. In the New Jersey case, the parties will provide discovery of all readily available electronic data by 2/6/09, including all electronically stored site file information. Because no "focus plumes" have been selected, this discovery is statewide. Plaintiffs may not redact information in the site files relating to tests for other contaminants. The next status conference is scheduled for 1/15/09 at 10:30 am. The following status conference is scheduled for 2/26/09 at 4:30 pm. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| January 15, 2009 | 2246 | MOTION to Dismiss Plaintiffs' Motion for Voluntary Dismissal Without Prejudice Pursuant to FRCP 41(a)(2) and Proposed Order Granting Motion for Voluntary Dismissal Pursuant to FRCP 41(a)(2). Document filed by People of The State of California.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(Franco, Richard) |
| January 20, 2009 | 2248 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Motions for Summary Judgment. Document filed by Ultramar Energy, Inc., Ultramar Limited.(Connelly, Michael) Modified on 1/21/2009 (db). |
| January 23, 2009 | 2249 | AMENDED ANSWER to (1 in 1:08-cv-07766-SAS) Complaint,,,,,,, (1 in 1:07-cv-02405-SAS) Complaint,,,,,, (1 in 1:07-cv-02406-SAS) Complaint,,,,,, (1 in 1:08-cv-07764-SAS) Complaint,,,,,,, (1 in 1:07-cv-02407-SAS) Complaint,,,,,, (1 in 1:07-cv-02403-SAS) Complaint,,,,,, (1 in 1:08-cv-00278-SAS) Complaint,,,,,,. Document filed by Huntsman Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Edwards, Sarah) |
| January 26, 2009 | 2250 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (191) Motion for Settlement in case 1:03-cv-09050-SAS for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement and discharge, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| January 26, 2009 | 2251 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (183) Motion for Settlement in case 1:03-cv-09050-SAS that on behalf of William DeSpirito, against Defendants Sunoco Inc and Sunoco (R&M) for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement and as further set forth in this document.. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| January 26, 2009 | 2252 | ORDER APPROVING SETTLEMENT OF ACTON ON BEHALF OF INFANTS granting (187) Motion for Settlement in case 1:03-cv-09050-SAS for and on behalf of Richard Shrieve and Derrike Shrieve, against Defendants Sunoco, Inc and Sunoco, (R&M) for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiff to allocate the Aggregate Settlement Payment from Sunoco, and as further set forht in this action. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| January 26, 2009 | 2253 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (179) Motion for Settlement in case 1:03-cv-09050-SAS for and on behalf of Elizabeth Guadalupe and Luis Guadalupe against Defendants Sunoco, Inc and Sunoco (R&M) for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| January 26, 2009 | 2254 | ORDER GRANTING SUBSTITUTION OF COUNSEL that The Sarcone Law Firm by John A. Sarcone and Miller Axline & Sawyer by Duane C. Miller substitute as counsel for the Law Offices of Peter D. Hoffman for plaintiffs Chris and Tracie DeSpirito in the Basso, et al matter. (Signed by Judge Shira A. Scheindlin on 12/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| February 11, 2009 | 2258 | ORDER OF DISMISSAL WITH PREJUDICE that this action including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to Sunoco. (Signed by Judge Shira A. Scheindlin on 2/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd) |
| February 11, 2009 | 2259 | ORDER OF DISMISSAL WITH PREJUDICE that Sunoco and the Town of Highlands have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release...therefore, this action, and all claims counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to the Town of Highlands. (Signed by Judge Shira A. Scheindlin on 2/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| February 11, 2009 | 2260 | ORDER that the deadline for defendants Ultramar Ltd or Ultramar Energy to file a summary judgment motion not requiring expert evidence is hereby extended from 1/19/09 to 3/9/09. ( Motion due by 3/9/2009.) (Signed by Judge Shira A. Scheindlin on 2/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| February 12, 2009 | 2261 | RESPONSE to Defendants' Objection to Focus Well Trial Plan and Request for Single Trial of All Wells at Issue. Document filed by City of NY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| February 13, 2009 | 2262 | ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY ORDERED THAT: Sunoco and the Town of Highlands have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of the Town of Highlands from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to the Town of Highlands only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to the Town of highlands. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(mme) |
| February 13, 2009 | 2263 | ORDER OF DISMISSAL WITH PREJUDICE IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The Plaintiffs and Sunoco have 'advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of Sunoco from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to Sunoco. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(mme) |
| February 13, 2009 | 2264 | ORDER DISMISSING QUATTROCCHI PLAINTIFFS' CLAIMS WITH PREJUDICE The Court hereby Grants the Quattrocchi Plaintiffs Motion and Orders: That the claims of Plaintiffs John Quattrocchi, Ann Quattrocchi John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi against Defendants Sunoco, Inc. and Sunoco, Inc. (R&M) in the in the above-captioned action are hereby DISMISSED WITH PREJUDICE, each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(mme) |
| February 13, 2009 | 2265 | CASE MANAGEMENT PLAN No. 47: Dispositive Motions due by 4/20/2009. Responses due by 5/4/2009 Replies due by 5/11/2009. Expert Discovery due by 4/13/2009, see document for other deadlines. Joint Pretrial Order due by 6/1/2009. (Signed by Judge Shira A. Scheindlin on 2/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| February 18, 2009 | 2269 | ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2) granting (84) Motion to Dismiss in case 1:04-cv-04972-SAS; granting (2246) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF., dismissing without prejudice Plaintiffs' action as to Defendants ExxonMobil Corporation, ExxonMobil Oil Corporation, Kern Oil & Refining co., 7-Eleven Inc and Circle-K Stores Inc., with each party to bear its own costs. This Order dismisses without prejudice all remaining claims in this action, however, this dismissal is without prejudice to the rights of California-American Water Company to pursue its pending claims in California-American Water Co v Atlantic Richfield et al, 04-4974.. (Signed by Judge Shira A. Scheindlin on 2/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd) |
| February 19, 2009 | 2271 | ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Daniel A. Eisenberg for Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco Inc R & M, Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco Inc,, Sunoco Inc R & M, Sunoco, Inc., Sunoco, Inc. (R & M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), SFPP, L.P., Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc. and Sunoco, Inc. (R&M) admitted Pro Hac Vice, upon the deposit of the required $25 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| February 20, 2009 | 2272 | NOTICE OF APPEARANCE by Grace Leigh Chan on behalf of El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energey-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Piont Oil Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Chan, Grace) |
| February 23, 2009 | 2273 | CASE MANAGEMENT PLAN #48: re rulings of the 1/15/09 status conference. In the City of NY case, the City will select 200 log entries from Shell's Phase 2 attorney-client privilege logs. In all cases in which either Lyondell or Equistar is a defendant, the parties may submit briefing on (a) whether these defendants, who recently filed suggestions of bankruptcy, are immune to suit in light of the automatic bankruptcy stay and (b) whether the district court has jurisdiction to resolve this issue. On the jurisdictional issue, the parties shall file simultaneous briefs by 1/30/09, and responses by 2/16/09. On the merits issue, the plaintiffs shall submit moving papers by 2/6/09, the defendants shall respond by 2/27/09, and the plaintiffs' reply is due by 3/6/09....The next status conference is scheduled for 2/26/09 at 4:30 pm. Motion due by 2/6/2009. Response due by 2/27/2009. Reply due by 3/6/2009. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 2/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| February 25, 2009 | 2274 | ORDER ADMITTING ATTORNEY COUNSEL PRO HAC VICE that Debra S. Rosen, is hereby admitted to practice before this Court pro hac vice of Archer & Greiner, PC to represent third-party witness Leggett, Brashears & Graham in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| February 25, 2009 | 2275 | ORDER granting (63) Motion in case 1:04-cv-02053-SAS; granting (2255) Motion in case 1:00-cv-01898-SAS-DCF. The clerk is directed to enter judgment on the issue of the determination that the Settlement Agreement dated 9/5/08 is a good faith settlement under the law of the State of Illinois and that Crown is therefore protected from tortfeasor claims as set forth herein. (Signed by Judge Shira A. Scheindlin on 2/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd) |
| February 27, 2009 | 2276 | RULE 54(B) CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated February 25, 2009, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), Crown's Motion for Determination of Good Faith Settlement is granted and judgment is entered on the issue of the determination that the Settlement Agreement dated September 5, 2008 is a good faith settlement under the laws of the State of Illinois and that Crown is therefore protected from joint tortfeasor claims as set forth in the Order dated December 10, 2008.. (Signed by J. Michael McMahon, clerk on 2/27/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ml) |
| February 27, 2009 | 2277 | CASE MANAGEMENT PLAN #49: Dispositive Motions due by 9/11/2009. Responses due by 10/1/2009 Replies due by 10/16/2009. Fact and Expert Discovery due by 9/17/2009, see document for other deadlines. (Signed by Judge Shira A. Scheindlin on 2/26/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd) |
| February 27, 2009 | 2278 | CASE MANAGEMENT PLAN No. 50: Dispositive Motions due by 9/25/2009. Responses due by 10/15/2009 Replies due by 10/30/2009. Fact and Expert Discovery due by 9/17/2009, see document for other deadlines. Proposed Pretrial Order due by 11/23/2009. Jury trial set for 12/9/09. (Signed by Judge Shira A. Scheindlin on 2/26/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd) |
| March 5, 2009 | 2280 | STIPULATION AND ORDER GRANTING SUBSTITUTION OF COUNSEL that Downey Brand LLP replaces Spencer T. Malysiak Law Corporation as attorneys for New West Petroleum and New West Petroleum, LLC. (Signed by Judge Shira A. Scheindlin on 3/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd) |
| March 5, 2009 | 2281 | STIPULATION AND ORDER DISMISSING PLANT ONE CLAIMS AGAINST CERTAIN DEFENDANTS. IT IS EXPRESSLY STIPULATED AND AGREED that nothing in this Stipulation or in any agreement between the stipulating parties shall affect in any fashion the parties' rights or positions in an ongoing appeal pending under docket numbers 2008-3108 and 2008-1629 in the Supreme Court of the State of New York, Appellate Division: Second Department of a Trial Verdict and subsequent Judgment entered thereupon of the Supreme Court of the State of New York, County of Nassau, between any of the stipulating parties. In support of this stipulation and the order sought thereby, the undersigned counsel for Plaintiff and for the Stipulating Defendants expressly state as follows: That based on the Supreme Court of the State of New York, County of Nassau's March 11, 2004 Short Form Order dismissing all of Plaintiff's claims against Chevron U.S.A., Inc. (incorrectly named as Chevron Texaco Corporation) under CPLR 3211 for failure to state a claim, Plaintiff voluntarily dismisses all Plant One Claims against Defendant Chevron in the above-captioned matter; That Plaintiff voluntarily dismisses its Plant One Claims only against Defendants ExxonMobil, GOLP, and Shell in the above-captioned matter because these claims were adjudicated by the Supreme Court of the State of New York, County of Nassau's Trial Order and subsequently-entered Judgment in Plainview Water District. v. Exxon Mobil Corp., et al., 856 N.Y.S.2d 502, 2008 WL 220192, No. 9975/01 (N.Y. Sup. Ct. Jan. 9, 2008); and That Plaintiff reserves all remaining claims (i.e., claims not related to its Plant One wells) alleged in its complaint against these Stipulating Defendants, and Stipulating Defendants reserve all defenses asserted in their Master Answers relating thereto. Relates to 00-1898, 08-9667, M21-88. (Signed by Judge Shira A. Scheindlin on 3/5/09) (rjm) |
| February 11, 2009 | 2282 | NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, AND STIPULATION AS TO WESTERN REFINING, INC.; this Action as to Defendant Western is dismissed, without prejudice, pursuant to FRCP 41(a)(1)(A)(i); and The Plaintiffs and Western agree that the Plaintiffs shall be responsible for their own costs and attorneys' fees based upon this Notice of Voluntary Dismissal and Stipulation regardless of whether the Plaintiffs further amend the complaint, or file a new judicial or administrative action to assert claims being voluntarily dismissed herein. If any court requires Plaintiffs to pay any costs and/or attorneys' fees of this Action to Western based upon this Notice of Voluntary Dismissal and Stipulation, Western agrees to indemnify and hold harmless the Plaintiffs for such costs and/or attorneys' fees. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ae) |
| March 6, 2009 | 2283 | ORDER the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00-1898: ##1841, 1971, 1976, 1981, 1984, 1986, 1988, 1990, 1992, 2056, 2057, 2078, 2067, 2078, 2100, 2109, 2127, and 2200. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| March 6, 2009 | 2284 | ORDER that the Clerk of Court is directed to close the following motions in 08-8248: ## 79,84,86,89,92,94,96,98,100,104,105,107,116,166, and 170. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd) |
| March 6, 2009 | 2285 | ORDER the Clerk of Court is directed to close the following motions in 08-9050: ##70,75,77,80,83,85,87,89,91,95,96,98,105,111,162,168,170,178. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| March 6, 2009 | 2286 | ORDER the Clerk of Court is directed to close the following motions in 03-10056: #56. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(cd) |
| March 6, 2009 | 2287 | ORDER, the Clerk of Court is directed to close the following motions in 04-3417: #34,52. In addition, the Clerk of Court is directed to close the following motions, for which there is no docket number: (a) Motion to dismiss, filed on 1/23/06 by ExxonMobil Corp and (b) Motion for Joiner, filed on 5/8/07 by Giant Yorktown, Inc. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| March 6, 2009 | 2288 | ORDER, the Clerk of Court is directed to close the following motions in 08-278: #2,15,32. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd) |
| March 9, 2009 | 2289 | STIPULATION AND ORDER GRANTING SUBSTITUTION OF COUNSEL that Downey Brand LLP may substitute in for Spencer T. Malysiak Law Corporation as counsel for New West. (Signed by Judge Shira A. Scheindlin on 3/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd) |
| March 10, 2009 | 2290 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas P. Gressette for Commonwealth of Puerto Rico and Commonwealth of Puerto Rico Environmental Quality Board admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd) |
| March 10, 2009 | 2291 | ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSIONS OF Khara A. A. Coleman and Christopher J. Esbrook for defendants Atlantic Richfield Company, BP Products North America Inc., and BP Corporation North America Inc.. (Signed by Judge Shira A. Scheindlin on 3/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| March 9, 2009 | 2292 | ENDORSED LETTER addressed to Judge Shira A Scheindlin from Robert Meadows dated 3/6/09 re: In support of the dismissal of all non-TSCA claims against both the non-TSCA and the TSCA Defendants. ENDORSEMENT: The Clerk is directed to docket this letter. (Signed by Judge Shira A. Scheindlin on 3/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(cd) |
| March 11, 2009 | 2294 | SUPPLEMENTAL BRIEF Requesting That the Court Stay Any Order of Remand Pending Appeal. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(Handel, Lauren) |
| March 9, 2009 | 2295 | OPINION AND ORDER #97196 that for the foregoing reasons, defendants' motion is granted. Accordingly, the stare law claims are dismissed without prejudice. The Clerk of the Court is directed to close these motions re: (3 in 1:08-cv-09621-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (17 in 1:08-cv-07764-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (2 in 1:08-cv-09619-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (16 in 1:08-cv-07766-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (2177 in 1:00-cv-01898-SAS-DCF, 2177 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. MOTION in the alternative, to decline to exercise supplemental jurisdiction over the non-tsca claims, filed by Marathon Oil Company, Hess Energy, Inc. (Signed by Judge Shira A. Scheindlin on 3/9/09) (cd) |
| March 12, 2009 | 2296 | MOTION to Dismiss Pursuant to Rule 41(A)(2). Document filed by Total Petrochemicals USA, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Voluntary Dismissal Pursuant to Rule 41(A)(2))(Connelly, Michael) Modified on 3/13/2009 (jar). Modified on 3/13/2009 (jar). |
| March 12, 2009 | 2297 | ORDER: ORDERED that TOl/ATMI is hereby dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2) and according to the terms of the agreement of the parties as evidenced by the Notice of Voluntary Dismissal Under Federal Rule of Civil Procedure 41 (a)(2) and Joint Stipulation as to TOI/ATMI filed on January 9, 2009. (Signed by Judge Shira A. Scheindlin on 3/12/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(jpo) |
| March 16, 2009 | 2298 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Khara A. A. Coleman for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc., Christopher J. Esbrook for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Company North America, Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jeh) |
| March 16, 2009 | 2299 | CASE MANAGEMENT ORDER #51 re rulings made during the status conference held on 2/26/09: In the New Jersey and Puerto Rico cases, the parties shall meet and confer in order to submit a joint pre-trial scheduling order at the next status conference. In the City of NY case, the City seeks an order from this Court finding a limited waiver of Shell's assertion of attorney-client privilege with respect to certain documents identified on its privilege logs, and as further set forth in this document.....The next status conference is scheduled for 4/2/09 at 10 am. Status Conference set for 4/2/2009 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) Modified on 3/18/2009 (jmi). |
| March 17, 2009 | 2300 | ORDER TO AMEND, the Clerk of the Court is hereby directed to amend the caption of the order in In Re Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, which was entered on 3/16/09 (document no. 2299), to read as follows: "CASE MANAGEMENT ORDER #51" (change in italics) re: (50 in 1:04-cv-02061-SAS, 78 in 1:04-cv-01719-SAS, 61 in 1:06-cv-05496-SAS, 28 in 1:06-cv-05927-SAS, 91 in 1:07-cv-02406-SAS, 27 in 1:06-cv-05921-SAS, 28 in 1:06-cv-05931-SAS, 28 in 1:06-cv-05932-SAS, 27 in 1:06-cv-05924-SAS, 26 in 1:06-cv-05916-SAS, 57 in 1:04-cv-01726-SAS, 76 in 1:03-cv-10057-SAS, 27 in 1:06-cv-05947-SAS, 27 in 1:06-cv-05946-SAS, 33 in 1:06-cv-03752-SAS, 28 in 1:06-cv-05950-SAS, 75 in 1:03-cv-10051-SAS, 91 in 1:07-cv-02407-SAS, 28 in 1:06-cv-05911-SAS, 55 in 1:04-cv-05421-SAS, 33 in 1:06-cv-03750-SAS, 27 in 1:06-cv-05937-SAS, 69 in 1:04-cv-03418-SAS, 57 in 1:04-cv-05422-SAS, 28 in 1:06-cv-05906-SAS, 70 in 1:04-cv-01716-SAS, 51 in 1:04-cv-01723-SAS, 42 in 1:06-cv-03753-SAS, 28 in 1:06-cv-05955-SAS, 27 in 1:06-cv-05922-SAS, 54 in 1:08-cv-07766-SAS, 28 in 1:06-cv-05912-SAS, 28 in 1:06-cv-05902-SAS, 97 in 1:07-cv-02405-SAS, 28 in 1:06-cv-05905-SAS, 103 in 1:04-cv-02389-SAS, 53 in 1:04-cv-01722-SAS, 27 in 1:06-cv-05941-SAS, 28 in 1:06-cv-05957-SAS, 38 in 1:06-cv-03741-SAS, 28 in 1:06-cv-05907-SAS, 81 in 1:04-cv-01725-SAS, 27 in 1:06-cv-05943-SAS, 27 in 1:06-cv-05917-SAS, 89 in 1:04-cv-04968-SAS, 52 in 1:04-cv-03412-SAS, 36 in 1:07-cv-04009-SAS, 58 in 1:04-cv-02072-SAS, 82 in 1:04-cv-03417-SAS, 43 in 1:04-cv-02055-SAS, 76 in 1:03-cv-10055-SAS, 32 in 1:08-cv-06306-SAS, 37 in 1:05-cv-04018-SAS, 42 in 1:04-cv-01724-SAS, 35 in 1:07-cv-04011-SAS, 28 in 1:06-cv-05959-SAS, 28 in 1:06-cv-05923-SAS, 56 in 1:04-cv-05423-SAS, 76 in 1:03-cv-10056-SAS, 59 in 1:04-cv-02068-SAS, 40 in 1:04-cv-02057-SAS, 27 in 1:06-cv-05945-SAS, 43 in 1:04-cv-04973-SAS, 41 in 1:04-cv-02056-SAS, 77 in 1:04-cv-01721-SAS, 214 in 1:03-cv-09050-SAS, 28 in 1:06-cv-05901-SAS, 94 in 1:03-cv-09543-SAS, 28 in 1:06-cv-01379-SAS, 29 in 1:06-cv-00877-SAS, 33 in 1:07-cv-06848-SAS, 54 in 1:04-cv-03420-SAS, 91 in 1:07-cv-02403-SAS, 28 in 1:06-cv-05940-SAS, 36 in 1:06-cv-01381-SAS, 10 in 1:09-cv-01419-SAS, 58 in 1:08-cv-07764-SAS, 46 in 1:04-cv-02067-SAS, 72 in 1:04-cv-01718-SAS, 186 in 1:03-cv-08248-SAS, 76 in 1:04-cv-02388-SAS, 27 in 1:06-cv-05914-SAS, 43 in 1:08-cv-00278-SAS, 27 in 1:06-cv-05928-SAS, 33 in 1:05-cv-01310-SAS, 27 in 1:06-cv-05951-SAS, 28 in 1:06-cv-05956-SAS, 33 in 1:06-cv-03754-SAS, 89 in 1:03-cv-09544-SAS, 35 in 1:07-cv-04012-SAS, 61 in 1:04-cv-02070-SAS, 28 in 1:06-cv-05963-SAS, 28 in 1:06-cv-05939-SAS, 58 in 1:04-cv-04974-SAS, 73 in 1:03-cv-10054-SAS, 56 in 1:04-cv-04969-SAS, 2299 in 1:00-cv-01898-SAS-DCF, 74 in 1:03-cv-10053-SAS, 57 in 1:04-cv-01727-SAS, 28 in 1:06-cv-05925-SAS, 37 in 1:05-cv-09070-SAS, 27 in 1:06-cv-05948-SAS, 27 in 1:06-cv-05920-SAS, 27 in 1:06-cv-05961-SAS, 53 in 1:04-cv-02060-SAS, 51 in 1:04-cv-02059-SAS, 51 in 1:04-cv-02066-SAS, 75 in 1:03-cv-10052-SAS, 29 in 1:06-cv-05903-SAS, 75 in 1:04-cv-02053-SAS, 29 in 1:05-cv-10259-SAS, 41 in 1:04-cv-04971-SAS, 94 in 1:04-cv-04972-SAS, 50 in 1:04-cv-03415-SAS, 59 in 1:07-cv-10470-SAS, 55 in 1:04-cv-04975-SAS, 27 in 1:06-cv-05915-SAS, 33 in 1:06-cv-03742-SAS, 73 in 1:04-cv-04970-SAS, 27 in 1:06-cv-05933-SAS, 28 in 1:06-cv-05962-SAS, 27 in 1:06-cv-05960-SAS, 27 in 1:06-cv-10205-SAS, 41 in 1:04-cv-04990-SAS, 28 in 1:06-cv-05942-SAS, 28 in 1:06-cv-05949-SAS, 27 in 1:06-cv-05930-SAS, 75 in 1:04-cv-02390-SAS, 58 in 1:04-cv-03416-SAS, 28 in 1:06-cv-05913-SAS, 27 in 1:06-cv-05954-SAS, 50 in 1:04-cv-02062-SAS, 31 in 1:07-cv-08360-SAS, 27 in 1:06-cv-05952-SAS, 51 in 1:04-cv-03419-SAS, 51 in 1:04-cv-03413-SAS, 81 in 1:04-cv-01720-SAS, 271 in 1:04-cv-05424-SAS, 27 in 1:06-cv-05919-SAS, 33 in 1:06-cv-03751-SAS, 63 in 1:04-cv-06993-SAS, 50 in 1:08-cv-00312-SAS, 27 in 1:06-cv-05953-SAS, 28 in 1:06-cv-05938-SAS, 27 in 1:06-cv-05926-SAS, 28 in 1:07-cv-09453-SAS, 27 in 1:06-cv-05958-SAS) Case Management Plan,,, (Signed by Judge Shira A. Scheindlin on 3/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| March 18, 2009 | 2301 | STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST IRVING OIL DEFENDANTS, pursuant to FRCP 41(a)(2), the Plaintiff City of NY and Defendants Irving Oil Corporation and Irving Oil Limited, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Irving Oil as set forth in the Plaintiff's Fourth Amended Complaint, filed on 3/9/07, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| March 19, 2009 | 2302 | ORDER ADMITTING ATTORNEY Joshua Stein PRO HAC VICE for plaintiff The City of NY. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| March 20, 2009 | 2303 | ORDER, the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00civ.1898 ##2090, 2092, 2155, 2185. terminating (73) Motion to Dismiss in case 1:03-cv-09544-SAS; terminating (78) Motion to Dismiss in case 1:03-cv-09543-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-01727-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-01726-SAS; terminating (56) Motion to Dismiss in case 1:04-cv-01718-SAS; terminating (62) Motion to Dismiss in case 1:04-cv-01719-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01720-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01725-SAS; terminating (61) Motion to Dismiss in case 1:04-cv-01721-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02068-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02072-SAS; terminating (87) Motion to Dismiss in case 1:04-cv-02389-SAS; terminating (59) Motion to Dismiss in case 1:04-cv-02390-SAS; terminating (60) Motion to Dismiss in case 1:04-cv-02388-SAS; terminating (34) Motion to Dismiss in case 1:04-cv-03415-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-03416-SAS; terminating (36) Motion to Dismiss in case 1:04-cv-03419-SAS; terminating (39) Motion to Dismiss in case 1:04-cv-05421-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-05422-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-05423-SAS; terminating (254) Motion to Dismiss in case 1:04-cv-05424-SAS; terminating (47) Motion to Dismiss in case 1:04-cv-06993-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-04018-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-09070-SAS; terminating (20) Motion to Dismiss in case 1:06-cv-01381-SAS; terminating (22) Motion to Dismiss in case 1:06-cv-03741-SAS; terminating (2090) Motion to Dismiss for Lack of Jurisdiction; terminating (2092) Motion to Dismiss; terminating (2155) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 3/20/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| March 24, 2009 | 2306 | MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| March 24, 2009 | 2307 | DECLARATION of Richard Wallace in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| March 24, 2009 | 2308 | RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| March 24, 2009 | 2309 | MEMORANDUM OF LAW in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| March 31, 2009 | 2310 | ORDER, plaintiff's request to withdraw its 3/17/09 Motion to Consolidate the above captioned matters is hereby granted, with each party bearing its own costs The Clerk of Court is directed to close the following motions: (78 in 1:03-cv-10052-SAS, 78 in 1:03-cv-10052-SAS, 2305 in 1:00-cv-01898-SAS-DCF, 2305 in 1:00-cv-01898-SAS-DCF) MOTION to Consolidate Cases 08-4290, 00 cv 1898. (Signed by Judge Shira A. Scheindlin on 3/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd) |
| April 1, 2009 | 2311 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT, the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. Rosemore Inc. answer due 6/30/2009; Rosemore, Inc. answer due 6/30/2009. (Signed by Judge Shira A. Scheindlin on 4/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| April 2, 2009 | 2312 | ORDER GRANTING ADMISSION OF DELIRIS ORTIZ-TORRES: It is hereby ordered that Deliris Ortiz-Torres, Esq, is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Atlantic Trading Marketing, Inc. (formerly known as Total Oil, Inc.) in this civil action upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/2/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo) |
| April 17, 2009 | 2313 | STIPULATION AND ORDER that the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 4/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| April 17, 2009 | 2314 | CASE MANAGEMENT PLAN #52: In the New Jersey case, plaintiff shall identify, not later than 4/10/09, every discovery request to which it objects on the ground that the request call for site-specific discovery. If the parties are unable to resolve any dispute, they may bring the matter to this Court for resolution. Plaintiff shall provide non-site specific discovery by 5/15/09. In the City of NY case, the City shall respond to Shell's motion to exclude punitive damages by 4/30/09 and Shell shall reply by 5/11/09....This court will hold a hearing in the City of NY case on 4/24/09 at 10:30 am and in the Orange County Water District case on 5/15/09 at 11 am....In the recently filed Oyster Bay and Garden City case, defendants' unopposed motion for this Court to decline to exercise supplemental jurisdiction over the state law claims is granted. Defendants shall submit proposed Order reflecting this ruling. When necessary, the parties shall contact this Court to schedule the next omnibus status conference. Response due by 4/30/2009. Reply due by 5/11/2009. Oral Argument/hearing set for 4/24/2009 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| April 20, 2009 | 2315 | MOTION for Summary Judgment. Document filed by Gulf Oil Limited Partnership. Responses due by 5/7/2009(Garvey, Christopher) |
| April 20, 2009 | 2316 | MEMORANDUM OF LAW in Support re: 2315 MOTION for Summary Judgment.. Document filed by Gulf Oil Limited Partnership. (Garvey, Christopher) |
| April 20, 2009 | 2317 | RULE 56.1 STATEMENT. Document filed by Gulf Oil Limited Partnership. (Garvey, Christopher) |
| April 20, 2009 | 2318 | DECLARATION of Christopher J. Garvey in Support re: 2315 MOTION for Summary Judgment.. Document filed by Gulf Oil Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Garvey, Christopher) |
| April 22, 2009 | 2319 | NOTICE of Rule 41(a)(2) Dismissal of Df Petron, Inc.. Document filed by Town of Rayville. (Summy, Paul) |
| April 27, 2009 | 2320 | ORDER TO ADMIT ROBERT S. CHAPMAN AS COUNSEL PRO HAC VICE Attorney Robert S. Chapman for City of NY admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mme) Modified on 4/27/2009 (mme). |
| April 24, 2009 | 2321 | ORDER It is hereby ordered that the United States may intervene in this action, pursuant to 28 U.S.C. 2403 (a), on or before June 28, 2009. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 4/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(mme) |
| April 27, 2009 | 2322 | MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm. Document filed by Flint Hills Resources, LP.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George) |
| April 27, 2009 | 2323 | MEMORANDUM OF LAW in Support re: (107 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George) |
| April 27, 2009 | 2324 | DECLARATION of Joseph C. Kearfott in Support re: (2322 in 1:00-cv-01898-SAS-DCF, 107 in 1:04-cv-03417-SAS) MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm.. Document filed by Flint Hills Resources, LP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George) |
| April 27, 2009 | 2327 | Exhibit List. Document filed by Flint Hills Resources, LP.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George) |
| April 27, 2009 | 2328 | Exhibit List. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, The Premcor Refining Group Inc.. (Attachments: # 1 Exhibit 1 and 2 to Valero Defendants & Premcor's Exhibit Lists)(Connelly, Michael) |
| April 27, 2009 | 2330 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION Lesley K. Lawrence-Hammer is admitted to practice pro hac vice as counsel for defendants El Paso Merchant Energy-Petroleum Company and Coastal Eagle Point Oil Company in the above captioned case. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(mme) |
| April 27, 2009 | 2331 | Exhibit List. Document filed by Mobil Oil Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation. (Attachments: # 1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| April 27, 2009 | 2332 | Exhibit List (Defendants' Joint Trial Exhibit List). Document filed by Lyondell Chemical Company, Marathon Ashland Petroleum LLC, Mobil Oil Corporation, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Sunoco, Inc., Sunoco, Inc. (R & M), Texaco, Inc., Texaco Refining and Marketing Inc, Tosco Corporation, Tosco Refining Company, Ultramar Energy Inc., Ultramar Limited, United Refining Company, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Marathon Oil Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, TRMI Holdings Inc., Giant Yorktown, Inc., BP Amoco Chemical Company, Inc., Equistar Chemicals, LP, Vitol S.A., George E. Warren Corporation, Atlantic Richfield Company, Phibro Inc., Citgo Refining & Chemicals Co, LP, PDV Midwest Refining, LLC, Total Petrochemicals USA, Inc., BP America, Inc., Parker Holding Company Inc, Parker Oil Company, Leemilt's Petroleum Inc., Mercury Fuel Service, Incorporated, Hess Energy, Inc., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., Union Oil Co of California, BP Amoco Corporation, BP Products North America, Inc., Chevron Texaco Corporation, Amerada Hess Corp., Chevron U.S.A., Inc., Citgo Petroleum Corporation, El Paso CGP Company, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc., Gulf Oil Limited Partnership, Koch Industries Inc.. (Attachments: # 1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| April 27, 2009 | 2333 | Exhibit List Coastal Defendants' Trial Exhibit List. Document filed by Coastal Eagle Piont Oil Company.(Ellison, Dawn) |
| April 27, 2009 | 2334 | Exhibit List Total Petrochemicals USA, Inc.. Document filed by DEF Company(s).(Connelly, Michael) |
| April 27, 2009 | 2337 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Grace Leigh Chan for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| April 27, 2009 | 2338 | ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Keara L. Kelley for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) |
| April 28, 2009 | 2339 | NOTICE OF APPEARANCE by Paul Andrew Rosenthal on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, ConocoPhillips Company, Conocophillips Co, Ind &, Conoco, Inc., Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco/Phillips Corporation, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Philips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rosenthal, Paul) |
| April 28, 2009 | 2340 | NOTICE OF APPEARANCE by Lauren Kathleen Podesta on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, Conocophillips, Co.,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Podesta, Lauren) |
| April 30, 2009 | 2341 | NOTICE of Rule 41(1)(2) Dismissal and Order of Df Mercury Fuel Services Inc. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Summy, Paul) |
| April 30, 2009 | 2342 | STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST MARATHON DEFENDANTS, pursuant to FRCP 41(a)(2) the plaintiff City of NY and Marathon Petroleum Company LLC, hereby request that the Court enter this voluntary dismissal with prejudice against Marathon Oil Company and Marathon Petroleum Company LLC as set forth in the Fourth Amended Complaint, filed on 3/7/09. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 4/29/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| April 30, 2009 | 2343 | MEMORANDUM OF LAW in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| April 30, 2009 | 2344 | DECLARATION of Marnie E. Riddle in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 1, 2009 | 2345 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(Handel, Lauren) |
| May 1, 2009 | 2346 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying ESSO Standard Oil Company S.A. Limited, Exxon Mobil Corporation as Corporate Parent. Document filed by Esso Standard Oil Company (Puerto Rico), Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(Handel, Lauren) |
| April 27, 2009 | 2347 | ORDER: It is hereby ordered that TOl/ATMI is hereby dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2) and according to the terms of the agreement of the parties as evidenced by the Notice of Voluntary Dismissal Under Federal Rule of Civil Procedure 41 (a)(2) and Joint Stipulation as to TOVATMI filed on January 9, 2009. (Signed by Judge Shira A. Scheindlin on 4/27/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(jpo) |
| May 1, 2009 | 2348 | ORDER OF DISMISSAL WITH PREJUDICE: Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal have advised the Court that they have resolved the matters between them. The parties consent to the dismissal with prejudice of Sunoco and Chestnut Malt of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind. is hereby dismissed with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco. (Signed by Judge Shira A. Scheindlin on 5/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(jpo) |
| May 1, 2009 | 2349 | ORDER OF DISMISSAL WITH PREJUDICE: It is hereby ordered, adjudged and decreed that Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal have advised the Court that they have resolved the matters between them. The parties consent to the dismissal with prejudice of Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind. is hereby dismissed with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco. (Signed by Judge Shira A. Scheindlin on 5/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jpo) |
| May 4, 2009 | 2350 | MEMORANDUM OF LAW in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Defendants' Further Supplemental Memorandum. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| May 4, 2009 | 2351 | RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 56.1 Statement - Part 2, # 2 56.1 Statement - Part 3, # 3 56.1 Statement - Part 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| May 4, 2009 | 2352 | DECLARATION of James J. Finsten in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 Exhibits 1-2, # 2 Exhibits 3-6, # 3 Exhibits 7-9, # 4 Exhibit 10 - Part 1, # 5 Exhibit 10 - Part 2, # 6 Exhibit 10 - Part 3, # 7 Exhibit 10 - Part 4, # 8 Exhibits 11-12, # 9 Exhibit 13 - Part 1, # 10 Exhibit 13 - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| May 4, 2009 | 2353 | DECLARATION of William T. Costley III in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| May 5, 2009 | 2354 | MEMO ENDORSEMENT on Notice and Order of Rule 41(a)(2) Dismissal of Defendant Petron, Inc.; Petron, Inc. is hereby dismissed in the above captioned action. (Signed by Judge Shira A. Scheindlin on 5/5/09) (ae) |
| May 5, 2009 | 2355 | ORDER; Upon motion of certain defendants and opposition of plaintiffs, the Court herebydeclines to exercise supplemental jurisdiction over the state law claims in the above-captioned actions for the reasons set forth in the Court's March 9,2009 Opinion and Order. Therefore, the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Causes of Action are dismissed without prejudice against defendants Lyondell Chemical Company; Chevron USA Inc.; Chevron Corporation; Texaco Inc.; Texaco Refining and Marketing Inc.; TRM Company; TRME; Shell Oil Company; Shell Oil Products Company, LLC; Shell Trading (US) Company; Equilon Enterprises, LLC; and ExxonMobil Corporation. Because only state law claims are asserted against the remaining defendants, these actions are dismissed in their entirety without prejudice as against the remaining defendants. (Signed by Judge Shira A. Scheindlin on 5/6/09) (ae) |
| May 8, 2009 | 2356 | CASE MANAGEMENT ORDER #53:All pretrial deadlines set forth in prior Case Management Orders for the City of New York case are hereby extended by thirty (30) days for all defendants except for the following companies and related entities that are also defendants in the City of New York case: ExxonMobil Corporation, Crown Central Petroleum Corporation, Total Petrochemicals USA Inc., and Lyondell Chemical Company. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) |
| May 8, 2009 | 2357 | NOTICE OF APPEARANCE by Lesley Elizabeth Williams on behalf of The City of New York Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 8, 2009 | 2358 | ORDER TO ADMIT JOSHUA C. COHEN AS COUNSEL PRO HAC VICE: Joshua C. Cohen is admitted to practice before this Court pro hac vice on behalf of the City of New York upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) |
| May 11, 2009 | 2359 | MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certification of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2360 | DECLARATION of Joseph T. Lee in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2361 | MEMORANDUM OF LAW in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2362 | JOINT MOTION in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by Lyondell Chemical Company, Mobil Oil Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC, Mobil Oil Corporation. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2363 | MEMORANDUM OF LAW in Support re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2364 | JOINT MOTION in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2365 | MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2366 | MOTION in Limine to Exclude Evidence and Argument Regarding Alledged Potential Human Health Effects Associated with MTBE. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2367 | JOINT MOTION in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2368 | MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2369 | MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2370 | DECLARATION of Stephen J. Riccardulli in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2371 | JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2372 | DECLARATION of Inbal Paz in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal) |
| May 11, 2009 | 2373 | MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2374 | JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2375 | MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2376 | REPLY MEMORANDUM OF LAW in Support re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2377 | CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2378 | JOINT MOTION in Limine to Exclude Evidence Regarding MTBE Contamination in Non-Focus Wells. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2379 | MEMORANDUM OF LAW in Support re: (152 in 1:04-cv-03417-SAS, 2378 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2380 | JOINT MOTION in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2381 | MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2382 | DECLARATION of Jennifer Kalnins Temple in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2383 | JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2384 | MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2385 | DECLARATION of Jennifer Kalnins Temple in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2386 | JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2387 | MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2388 | DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2389 | JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2390 | MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2391 | DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2392 | JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2393 | MEMORANDUM OF LAW in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2394 | DECLARATION of Lauren Handel in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2395 | JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2396 | MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2397 | DECLARATION of Lauren Handel in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2398 | MOTION in Limine NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2399 | MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS) MOTION in Limine. NO. 1. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2400 | CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 11, 2009 | 2401 | MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions. Document filed by The City of New York.(Williams, Lesley) |
| May 11, 2009 | 2402 | MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions., (175 in 1:04-cv-03417-SAS) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 11, 2009 | 2403 | MOTION Request for Judicial Notice re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2404 | MOTION in Limine NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2405 | MOTION in Limine No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2406 | MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 2. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2407 | MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2408 | MOTION Request for Judicial Notice re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2409 | DECLARATION of Marnie E. Riddle in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2410 | MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2411 | MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2412 | MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2413 | MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2414 | DECLARATION of Marnie E. Riddle in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2415 | DECLARATION of Nicholas G. Campins in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 11, 2009 | 2416 | MOTION in Limine No. 7 to Exclude Evidence of Relative Toxicity of other Contaminants as Compared to MTBE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2417 | MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 7. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2418 | MOTION in Limine NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2419 | MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2420 | MOTION in Limine No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2421 | MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 11, 2009 | 2422 | MOTION Request for Judicial Notice re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 14, 2009 | 2424 | MOTION to Exclude Testimony and Opinion of Martin Tallett. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 14, 2009 | 2425 | MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 14, 2009 | 2426 | DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B - Part 2, # 4 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 14, 2009 | 2427 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GIANT DEFENDANTS: The Court enters this voluntary dismissal with prejudice of all claims against Giant as set forth in the Plaintiff's Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 5/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db) |
| May 14, 2009 | 2428 | MEMORANDUM OF LAW in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 14, 2009 | 2429 | DECLARATION of TODD E. ROBINS in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 14, 2009 | 2430 | DECLARATION of HARRY T. LAWLESS, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 14, 2009 | 2431 | DECLARATION of ANDREW E. SCHULMAN, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 14, 2009 | 2432 | DECLARATION of STEVEN C. SCHINDLER in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 15, 2009 | 2435 | NOTICE OF APPEARANCE by Nicholas G. Campins on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Campins, Nicholas) |
| May 15, 2009 | 2436 | NOTICE OF APPEARANCE by Joshua G Stein on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Stein, Joshua) |
| May 15, 2009 | 2437 | NOTICE OF APPEARANCE by Lesley Elizabeth Williams on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Williams, Lesley) |
| May 15, 2009 | 2438 | NOTICE of ERRATA re: (2428 in 1:00-cv-01898-SAS-DCF, 205 in 1:04-cv-03417-SAS) Memorandum of Law in Opposition to Motion,. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 15, 2009 | 2439 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Stacey Camacho, as the parent having legal custody of the infants, Elizabeth Guadalupe and Luis Guadalupe, be and is hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Elizabeth Guadalupe and Luis Guadalupe, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Exxon Mobil, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| May 15, 2009 | 2440 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Ronald and Joan Bucholz, as the parents having legal custody of the infants, Erik Buchholz, Alexander Buchholz, and Dylan Buchholz, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Erik Buchholz, Alexander Bucholz, and Dylan Bucholz, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Feldman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| May 15, 2009 | 2441 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Chris and Tracie DeSpirito, as the parent having legal custody of the infant, William DeSpirito, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of William DeSprito, against Defendats Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| May 15, 2009 | 2442 | ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Michael and Cheryl Shrieve, as the parents having legal custody of the infants, Richard Shrieve and Derrike Shrieve, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Richard Shrieve and Derrike Shrieve, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| May 19, 2009 | 2446 | STIPULATION AND ORDER OF DISMISSAL ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Patrick County School Board and Defendant Getty Petroleum Marketing Inc. ("GPMI"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against GPMI as set forth in Plaintiff's Seventh Amended Complaint, filed on October 26, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. SO ORDERED (Signed by Judge Shira A. Scheindlin on 5/19/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(jmi) |
| May 19, 2009 | 2447 | STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(1) by plaintiff City of Vineland Water-Sewer Utility, with prejudice, with each party to bear expenses, costs, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd) |
| May 19, 2009 | 2448 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(1) by plaintiff Northampton, Bucks County Municipal Authority with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd) |
| May 19, 2009 | 2449 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiffs Greensville County Water and Sewer Authority and City of Greensville, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd) |
| May 19, 2009 | 2450 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff County of Nassau with prejudice, with each party bearing its own costs, expenses and attorneys' and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd) |
| May 19, 2009 | 2451 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Water Authority of Western County with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd) |
| May 19, 2009 | 2452 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2), by plaintiff Our Lady of the Rosary Chapel, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd) |
| May 19, 2009 | 2453 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff American Distilling & Mfg, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd) |
| May 19, 2009 | 2454 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of East Hampton, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd) |
| May 19, 2009 | 2455 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff United Water Connecticut, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd) |
| May 19, 2009 | 2456 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Duxbury, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd) |
| May 19, 2009 | 2457 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2), by plaintiff New Jersey Water, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd) |
| May 19, 2009 | 2458 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Water Authority of Great Neck North, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd) |
| May 19, 2009 | 2459 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Long Island Water Corp, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd) |
| May 19, 2009 | 2460 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Hartland, County of Windsor, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(cd) |
| May 19, 2009 | 2461 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Wappinger, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd) |
| May 19, 2009 | 2462 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff United Water NY, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd) |
| May 19, 2009 | 2463 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd) |
| May 19, 2009 | 2464 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41 by plaintiff Port Washington Water District, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd) |
| May 19, 2009 | 2465 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a(2) by plaintiff Buchanan County School Board, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd) |
| May 19, 2009 | 2466 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Craftsbury Fire District, with prejudice, withe ach party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(cd) |
| May 19, 2009 | 2467 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Matoaka Water System, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(cd) |
| May 19, 2009 | 2468 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Hicksville Water District, with prejudice, withe each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd) |
| May 19, 2009 | 2469 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Roslyn Water District, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd) |
| May 19, 2009 | 2470 | STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a(2) by plaintiff Franklin Square Water District, with prejudice, with each party bearing its own expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd) |
| May 19, 2009 | 2471 | STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, by plaintiffs County of Suffolk and Suffolk County Water Authority, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) |
| May 26, 2009 | 2473 | MEMORANDUM OF LAW in Opposition re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 26, 2009 | 2474 | DECLARATION of Nicholas G. Campins in Opposition re: (2395 in 1:00-cv-01898-SAS-DCF, 169 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) |
| May 26, 2009 | 2475 | RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Plaintiff City of New York's Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 26, 2009 | 2476 | RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Declaration of Todd E. Robins in Support of Plaintiff City of New Yorks Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd) |
| May 26, 2009 | 2477 | MEMORANDUM OF LAW in Opposition re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2478 | MEMORANDUM OF LAW in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2479 | MEMORANDUM OF LAW in Opposition re: (138 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Evidence of Protected Lobbying Conduct. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2480 | DECLARATION of Lauren Handel in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2481 | MEMORANDUM OF LAW in Opposition re: (133 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to ARCO Chemical Company or Lyondell Chemical Company. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2482 | MEMORANDUM OF LAW in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2483 | DECLARATION of Lauren Handel in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2484 | DECLARATION of Lesley E. Williams in Opposition re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2485 | MEMORANDUM OF LAW in Opposition re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2486 | MEMORANDUM OF LAW in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2487 | DECLARATION of Lesley E. Williams in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2488 | MEMORANDUM OF LAW in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2489 | MEMORANDUM OF LAW in Opposition re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| May 26, 2009 | 2490 | DECLARATION of Jennifer Kalnins Temple in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2491 | MEMORANDUM OF LAW in Opposition re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2492 | MEMORANDUM OF LAW in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2493 | DECLARATION of Jennifer Kalnins Temple in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 26, 2009 | 2494 | MEMORANDUM OF LAW in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 26, 2009 | 2495 | DECLARATION of Marnie E. Riddle in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 26, 2009 | 2496 | MEMORANDUM OF LAW in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| May 26, 2009 | 2497 | FILING ERROR - DEFICIENT DOCKET ENTRY (See document #2500) - MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) Modified on 5/28/2009 (jar). |
| May 26, 2009 | 2498 | DECLARATION of Marnie E. Riddle in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 26, 2009 | 2499 | DECLARATION of Joshua Stein in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| May 27, 2009 | 2500 | MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| May 28, 2009 | 2501 | REPLY MEMORANDUM OF LAW in Support re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| May 28, 2009 | 2503 | ORDER, upon motion of certain defendants and opposition of plaintiffs, the Court hereby declines to exercise supplemental jurisdiction over the state law claims in (08-9994 and 08-11056) for the reasons set forth in the Court's 3/9/09 Opinion and Order, and as further set forth in this document.....Because only state law claims are asserted against the remaining defendants, these actions are dismissed in their entirety without prejudice as against the remaining defendants. (also docketed in 08-9994 and 08-11056) (Signed by Judge Shira A. Scheindlin on 5/28/09) (cd) |
| June 1, 2009 | 2504 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Matthew K. Edling for Redwood Center Ltd. Partnership admitted Pro Hac Vice, upon the deposit of the required $25.00 fee per applicant to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 6/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(cd) |
| June 1, 2009 | 2505 | NOTICE AND ORDER OF RULE 41(A)(2) DISMISSAL OF DEFENDANT MERCURY FUEL SERVICES INC, without prejudice, with each party to bear its own costs. Plaintiffs reserve all other rights against all other defendants... (Signed by Judge Shira A. Scheindlin on 6/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(cd) |
| June 2, 2009 | 2506 | NOTICE of Withdrawal of Appearance of Keith T. Tashima. Document filed by Sunoco Inc.. (Schauwecker, Paula) |
| June 2, 2009 | 2507 | REPLY MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 2, 2009 | 2508 | REPLY MEMORANDUM OF LAW in Support re: (166 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 2, 2009 | 2509 | REPLY MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 1 to Exclude Evidence or Argument That Federal or New York Law Ever Required MTBE in Gasoline Delivered to or Sold in the RGA. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 2, 2009 | 2510 | DECLARATION of Lesley E. Williams in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 2, 2009 | 2511 | REPLY MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| June 2, 2009 | 2512 | REPLY MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| June 2, 2009 | 2513 | REPLY MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 2 to Exclude Evidence or Argument That Federal Agencies Endorsed or Approved the Use of MTBE in Gasoline. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 2, 2009 | 2514 | REPLY MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT MTBE DOES NOT REQUIRE REMEDIATION AT LEVELS ABOVE THE MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| June 2, 2009 | 2515 | FILING ERROR - DEFICIENT DOCKET ENTRY - (PLEASE SEE DOCUMENT # 2520) - REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) Modified on 6/8/2009 (gp). |
| June 2, 2009 | 2516 | REPLY MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| June 2, 2009 | 2517 | DECLARATION of Lesley E. Williams in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 2, 2009 | 2518 | REPLY MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 2, 2009 | 2519 | REPLY MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 7 TO EXCLUDE EVIDENCE OF THE RELATIVE TOXICITY OF OTHER CONTAMINANTS AS COMPARED TO MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) |
| June 2, 2009 | 2520 | REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 3, 2009 | 2521 | REPLY MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2522 | DECLARATION of Stephen J. Riccardulli in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2523 | REPLY MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2524 | DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2525 | REPLY MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2526 | REPLY MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2527 | DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2528 | REPLY MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply Memorandum of Law in Further Support of Its Motion in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2529 | REPLY MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2530 | REPLY MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of its Motion in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2531 | REPLY MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 3, 2009 | 2532 | REPLY MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of Defendants' Joint Motion in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 4, 2009 | 2533 | MEMORANDUM OF LAW in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 4, 2009 | 2534 | DECLARATION of Fletcher G. Driscoll in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 4, 2009 | 2535 | DECLARATION of Stephen J. Riccardulli in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 5, 2009 | 2536 | REPLY MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 5, 2009 | 2537 | DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) |
| June 8, 2009 | 2538 | PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 8, 2009 | 2539 | REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 8, 2009 | 2540 | TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 8, 2009 | 2542 | Exhibit List for Phase I - Case in Chief (Exhibit 3 to the Proposed Pretrial Order). Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| June 9, 2009 | 2543 | OPINION AND ORDER:#97619 that for the foregoing reasons, defendants' motion in limine is granted in part and denied in part. If the City relies on market share liability to prove causation for a particular well, it is precluded from arguing that punitive damages are available for that well, it is further precluded from presenting evidence that is relevant solely to punitive damages as to that well. If the City relies on the commingled product theory to establish liability, it is not precluded from arguing that punitive damages are available, or from presenting evidence of punitive damages, for that well. The Clerk of the Court is directed to close this motion (document #95(90) in 04-3417; document #2306 in 00-1898. re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories, filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 6/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 6/10/2009 (jab). |
| June 12, 2009 | 2544 | ORDER: (1) Hard copies of the complete deposition transcripts at issue, with the requisite color coding, shall be provided to the Court, unless the partiesagree that the ruling may be made on some smaller portion of the transcript, in which case such smaller portion may be provided. Each page where an objectionis made shall be marked With a tab. (2) To the extent necessary for an informedruling, the party making the objection shall include all factual contentions and legal arguments that support that objection, with appropriate citation to the record and/or authorities. (3) The party opposing the objection mustsimilarly include any factual contentions and legal arguments that support its response to the objection, with appropriate citation to the record and/orauthorities. (4) If the parties' contentions cannot be included on the actual page of the deposition at issue, they may be attached to the particular page of the transcript where the objection is made. To the extent the objection relates to a deposition exhibit (for example, objections relating to "authenticity"), the exhibit shall be attached as well. (Signed by Magistrate Judge Henry B. Pitman on 6/12/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies Mailed by Chambers.(db) |
| June 15, 2009 | 2545 | PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 15, 2009 | 2546 | REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 15, 2009 | 2547 | OPPOSITION BRIEF Objections to Exxon Mobil Corporation's Proposed Phase I Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 15, 2009 | 2548 | OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 15, 2009 | 2549 | PROPOSED VOIR DIRE QUESTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) |
| June 15, 2009 | 2550 | OPPOSITION BRIEF to Defendants' Trial Memorandum for Phase One. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 15, 2009 | 2552 | Exhibit List Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: # 1 Exhibit Trial Exhibit List for Phase II, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| June 16, 2009 | 2553 | OPPOSITION BRIEF CORRECTED Objections to Defendant Exxon Mobil Coporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 17, 2009 | 2556 | JOINT MOTION to Dismiss. Document filed by Equistar Chemicals, L.P.,, Lyondell Chemical Company,, Lyondell Chemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company,, Equistar Chemicals, LP, Lyondell Chemical Co., Lyondell Chemical Co., Equistar Chemicals L.P., Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co, Equistar Chemicals, LP, Lyondell Chemical Company, Lyondell Chemical Company,, Lydondell Chemical Company, Equistar Chemicals,L.P., Lyondell Ccemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals LP, Lyondell Chemical Company, Lyondell Chemical Company. Responses due by 7/1/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Hoffman, Alan) |
| June 17, 2009 | 2557 | ORDER OF DISMISSAL WITH PREJUDICE, the plaintiffs and ExxonMobil have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ExxonMobil from this action. No other parties have objected to the dismissal of the action with prejudice as to ExxonMobil only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd) |
| June 17, 2009 | 2558 | ORDER OF DISMISSAL WITH PREJUDICE, the Plaintiffs and ExxonMobil have advised the Court that they have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ExxonMobil from this action. No other parties have objected to the dismissal of the above-captioned action with prejudice as to ExxonMobil only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd) |
| June 17, 2009 | 2559 | ORDER TO PERMIT INTERNET CONNECTION IN COURTROOM, having consulted with and obtained direction from the Court's Technology Officer, Defendant ExxonMobil Corporation shall be permitted, through its consultants, to run and install internet lines to the courtroom for use during the above-captioned trial. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| June 18, 2009 | 2561 | ANSWER to Complaint. Document filed by Four Star Oil and Gas Company, Kewanee Industries Inc., Chevron Puerto Rico LLC, Chevron Estrella Puerto Rico, Inc., Kewanee Industries, Inc., Chevron Puerto Rico, LLC, Texaco Petroleum, Inc., Chevron International Oil Company, Inc., Chevron Caribbean Inc., Texaco Inc., Chevron U.S.A., Inc., Chevrontexaco Corporation, Union Oil Company of California, TRMI Holdings Inc..(Hughes, William) |
| June 18, 2009 | 2562 | REPLY MEMORANDUM OF LAW in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Defendants' Further Supplemental Reply Memorandum. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2563 | RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 56.1 Statement Reply - Part 2, # 2 56.1 Statement Reply - Part 3, # 3 56.1 Statement - Part 4, # 4 56.1 Statement - Part 5, # 5 56.1 Statement Reply - Part 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2564 | DECLARATION of James J. Finsten in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 Finsten Decl - Part 2, # 2 Finsten Decl - Part 3, # 3 Finsten Decl - Part 4, # 4 Finsten Decl - Part 5, # 5 Finsten Decl - Part 6, # 6 Finsten Decl - Part 7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2565 | DECLARATION of Margaret R. Eggers in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2566 | DECLARATION of Darrell K. Fah in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2567 | DECLARATION of Shari London in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2568 | DECLARATION of Gene Ortega in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 18, 2009 | 2569 | DECLARATION of Natasha Molla in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew) |
| June 19, 2009 | 2570 | NOTICE OF APPEARANCE by Adam Edward Engel on behalf of O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd. (Engel, Adam) |
| June 22, 2009 | 2571 | OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 22, 2009 | 2572 | OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 22, 2009 | 2573 | OPPOSITION BRIEF Objections to Defendant's Witness List for Phase I. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 22, 2009 | 2574 | OPPOSITION BRIEF Opposition to Defendant's Trial Memorandum for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 22, 2009 | 2575 | OPPOSITION BRIEF Objections to Defendant's Jury Questionnaire. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) |
| June 22, 2009 | 2576 | OPPOSITION BRIEF Objections to Defendant's Trial Exhibit List for Phase I. Document filed by The City of New York. (Attachments: # 1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 24, 2009 | 2577 | JOINT MOTION to Dismiss. Document filed by Global Revco Dock LLC, Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation. (Attachments: # 1 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1725), # 2 Stipulation and (Proposed) Order of Dismissal (Relates to 05cv4018))(Garvey, Christopher) |
| June 24, 2009 | 2578 | ORDER, that for the foregoing reasons, the City may serve a subpoena on an individual who is more than 100 miles outside the State of NY if, but only if, the individual is a corporate director or a 30(b)(6) witness of defendant ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| June 26, 2009 | 2579 | PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 26, 2009 | 2581 | TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 26, 2009 | 2582 | Exhibit List PLAINTIFF CITY OF NEW YORKS PHASE III TRIAL EXHIBIT LIST (EXHIBIT 3 OF THE PROPOSED PRETRIAL ORDER). Document filed by The City of New York. (Attachments: # 1 Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| June 26, 2009 | 2583 | REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 29, 2009 | 2584 | MEMORANDUM OF LAW in Support of the Constitutionality of Section 1503 of the Energy Policy Act of 2005. Document filed by United States. (Normand, Sarah) |
| June 29, 2009 | 2585 | DECLARATION of Sarah S. Normand re: 2584 Memorandum of Law in Support of the Constitutionality of Section 1503 of the Energy Policy Act of 2005. Document filed by United States. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Normand, Sarah) |
| June 29, 2009 | 2586 | OPPOSITION BRIEF Objections to Defendant's Witness List for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| June 29, 2009 | 2587 | OPPOSITION BRIEF Objections to Defendant's Exhibit List for Phase II. Document filed by The City of New York. (Attachments: # 1 Objections to Exhibit List Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua) |
| June 30, 2009 | 2588 | NOTICE of Joint Motion to Dismiss All Claims Against Crown Central LLC. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) |
| June 30, 2009 | 2589 | MEMORANDUM OPINION AND ORDER:#97725 For the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) Modified on 7/13/2009 (jab). |
| July 1, 2009 | 2590 | STIPULATION AND ORDER OF DISMISSAL ALL CLAIMS AGAINST CROWN: Crown is voluntarily dismissed with prejudice with prejudice of all claims against Crown as set forth in the Plaintiff's Fourth Amended Complaint filed on 3/9/07. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) |
| July 1, 2009 | 2591 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 7/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro) |
| July 2, 2009 | 2593 | STIPULATI0N AND ORDER DISMISSING ALL CLAIMS AGAINST CROWN: Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Plaintiff City of New York and Defendant Crown Central LLC, successor by merger to Crown Central Petroleum Corporation, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Crown as set forth in the Plaintiffs Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 7/2/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db) |
| July 6, 2009 | 2594 | ORDER....The trial begins in less than three weeks. The Water Board and the Water Finance Agency are therefore ordered to join this action as party plaintiffs. The Clerk of the Court is ordered to amend the caption. Council for the City has represented that it will also represent these additional plaintiffs who will be referred to collectively as "the City." (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) |
| July 6, 2009 | 2595 | OPPOSITION BRIEF Plaintiff City of New York's Objections to Defendant Exxon Mobil Corporation's Proposed Phase III Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| July 6, 2009 | 2596 | OPPOSITION BRIEF Plaintiff City of New York's Opposition to Defendant's Pretrial Memorandum for Phase III. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) |
| July 6, 2009 | 2599 | OPINION AND ORDER: #97710 that for the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. Should the City wish to continue to assert the deliberative process privilege over any documents in this case, it must assert the privilege properly within 3 business days of the entry of this Opinion and Order. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/8/2009 (jab). |
| July 6, 2009 | 2600 | OPINION AND ORDER: #97714 that for the foregoing reasons, Exxon's motion in limine is granted in part to the extent that the City may not attribute the past design costs to MTBE contamination and may not present evidence of future design costs in Phase I and denied in all other respects. The Clerk of the Court is directed to close this motion (No. 04-3417, document 95; No. 00 MDL 1898, document 2306). (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/9/2009 (jab). |
| July 7, 2009 | 2601 | STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) |
| July 8, 2009 | 2603 | ORDER. The Court having reviewed the objections to designated portions of the deposition of Arthur J. Ashendorff, volume 2, the objections are determined as set forth herein: (Signed by Magistrate Judge James C. Francis on 7/8/09); copies mailed by chambers (djc) |
| July 8, 2009 | 2604 | MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer) |
| July 8, 2009 | 2605 | DECLARATION of James A. Pardo in Support re: (342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 Part A, # 4 Exhibit 3 Part B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer) |
| July 8, 2009 | 2606 | RULE 56.1 STATEMENT. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer) |
| July 8, 2009 | |
