In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, No. 1:2000cv01898 - Document 2885 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #98243 for the reasons set forth above, defendants' motion to dismiss OCWD's common law claims is granted as to releases occurring prior to 5/6/00 where MTBE was detected in monitoring wells at levels at or above five ppb. Defendants' motion is denied as to the tree pre-5/6/00 releases where there were no MTBE detections in groundwater monitoring wells and detections below five ppb in production wells. Defendants' motion is also denied as to claims arising from the twelve releases where OCWD has created a genuine issue of material fact as to whether separate and distinct releases occurred after 5/6/00. The Clerk of the Court is directed to close this motion re: (35 in 1:04-cv-04968-SAS) MOTION for Summary Judgment, filed by BP West Coast LLC (Doe 3), Atlantic Richfield Company, Inc., BP Products North America, Inc. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) Modified on 11/18/2009 (eef).