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

 
Case Number:1:2000cv01898
Filed:March 10, 2000
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
Presiding Judge:Judge Shira A. Scheindlin
 
Nature of Suit:Torts - Property - Property Damage Product Liability
Cause:28:1452 R&R re motions to remand (non-core)
Jury Demanded By:Both

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
May 25, 200013Court Opinion or Order 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, 2004260NOTICE of Appearance by Daniel K. Winters on behalf of American Agip Co. Inc. (Winters, Daniel)
February 4, 2005482NOTICE of Appearance by Lisa Kim Axelrod on behalf of Dupre Transport, LLC (Axelrod, Lisa)
February 4, 2005483MOTION to Dismiss. Document filed by Dupre Transport, LLC. (Axelrod, Lisa)
August 16, 2005738ENDORSED 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, 2005768Court Opinion or Order 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, 2005849Court Opinion or Order 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, 2005850Court Opinion or Order 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, 20061044Court Opinion or Order 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, 20061055Court Opinion or Order 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, 20061107Court Opinion or Order 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, 20061109Court Opinion or Order 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, 20061110Court Opinion or Order 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, 20061113Court Opinion or Order 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, 20061268RESPONSE 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, 20071347FILING 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, 20071388FILING 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, 20071427NOTICE 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, 20071489MANDATE 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, 20071528NOTICE 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, 20071529Court Opinion or Order 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, 20071530Court Opinion or Order 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, 20071544Court Opinion or Order 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, 20071574Objection (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, 20071575ENDORSED 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, 20071604MANDATE 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, 20081616Court Opinion or Order 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, 20081632Court Opinion or Order 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, 20081633Court Opinion or Order 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, 20081638JOINT 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, 20081639ENDORSED 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, 20081647Court Opinion or Order 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, 20081648Court Opinion or Order 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, 20081671STIPULATION 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, 20081672Court Opinion or Order 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, 20081673Court Opinion or Order 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, 20081674ENDORSED 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, 20081676MANDATE 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, 20081692Court Opinion or Order 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, 20081696Court Opinion or Order 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, 20081697Court Opinion or Order 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, 20081698Court Opinion or Order 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, 20081713ENDORSED 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, 20081714Court Opinion or Order 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, 20081715Court Opinion or Order 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, 20081716LETTER 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, 20081717Court Opinion or Order 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, 20081736ENDORSED 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, 20081739Court Opinion or Order 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, 20081740Court Opinion or Order 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, 20081742Court Opinion or Order 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, 20081743Court Opinion or Order 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, 20081744Court Opinion or Order 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, 20081745STIPULATION 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, 20081746ENDORSED 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, 20081747STIPULATION 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, 20081748STIPULATION 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, 20081749STIPULATION 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, 20081765Court Opinion or Order 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, 20081766STIPULATION 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, 20081767Court Opinion or Order 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, 20081768Court Opinion or Order 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, 20081769Court Opinion or Order 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, 20081770CASE 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, 20081771Court Opinion or Order 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, 20081792Court Opinion or Order 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, 20081793Court Opinion or Order 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, 20081794Court Opinion or Order 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, 20081795Court Opinion or Order 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, 20081798Court Opinion or Order 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, 20081804Court Opinion or Order 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, 20081811Court Opinion or Order OPINION AND ORDER denying 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 5/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd)
May 7, 20081812Court Opinion or Order 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, 20081813Court Opinion or Order 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, 20081814Court Opinion or Order OPINION & ORDER #96043 granting and denying (for the reasons stated further in this document) 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. 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, 20081815Court Opinion or Order OPINION & ORDER #96041 denying defendants two motions in limine seeking to exclude that portion of Reynolds' testimony that requires economic analysis or forecasting, and all of Huggins testimony. (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, 20081816Court Opinion or Order 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)
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