HomeMy WebLinkAbout12-7199
GIBBONS P.C.
By: Scott J. Etish, ID No.r20~i391.' '{ ? ~' i ~~ ~-
1700 Two Logan Square ,, ..
cn ` ` ~~ F ,1~ ' L ~~~'~orneys for Petitioners
18 and Arch Streets t .
Philadelphia, PA 19103 ~ j" ` ' "- °"'Support Terminals Operating Partnership, L.P
(215) 446-6265 and Plains Product Terminals LLC f/k/a
setish@gibbonslaw.com Pacific Atlantic Terminals LLC
EXXON MOBIL CORPORATION,
v.
Plaintiff,
GATX CORPORATION; KINDER
MORGAN LIQUID TERMINALS, INC.;
SUPPORT TERMINALS SERVICES, INC.;
PACIFIC ATLANTIC TERMINALS LLC;
JOHN DOES 2-10; and ABC
CORPORATIONS 1-10,
Defendants.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. ~~ ~~~ l~ ~tl i
Case Pending in:
Superior Court of New Jersey
Law Division: Gloucester County
Docket No. GLO-L-0563-03
PETITION FOR ISSUANCE OF SUBPOENA
Pursuant to 42 Pa.C.S.A. §5326 and Pa.R.C.P. §234.1 et. seq., a Subpoena is respectfully
requested on the following grounds:
1. Petitioners Support Terminals Operating Partnership, L.P. ("ST") and Plains
Product Terminals LLC f/k/a Pacific Atlantic Terminals LLC ("Plains") (hereinafter
"Petitioners") are Defendants in the action captioned Exxon Mobil, Corp. v. GATX Corp., et. al.,
which is currently pending in the Superior Court of New Jersey Law Division: Gloucester
County as Docket No. GLO-L-0563-03 (hereinafter "the underlying litigation"). A copy of the
Complaint in this action is attached as Exhibit "A."
Q M~ ,~ ~ o~ 7S ~~c! a
~k~i~a~
als~ol2a v2
109124-66142
2. GeoServices, Ltd. Served as environmental consultants to Plaintiff Exxon Mobil
Corporation ("Exxon") and has knowledge of remedial activities related to a contaminated
property that is the subject of the above referenced action.
3. Petitioners seek the deposition of the Custodian of Records of GeoServices, Ltd.
an out-of--state non-party witness, to provide testimony and produce documents in connection
with this matter. Upon information and belief, the Custodian of Records of GeoServices Ltd. is
located at 1525 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011.
4. Upon information and belief, the Custodian of Records of GeoServices Ltd.
possesses information relevant to the underlying litigation.
5. Petitioners applied to the Superior Court of New Jersey, Law Division, Gloucester
County for an order directing the issuance of a Commission for the issuance of a Subpoena.
Petitioners' application was granted and an Order was signed by The Honorable Anne
McDonnel, J.S.C. on October 2, 2012. A copy of the Order directing the issuance of a
Commission is attached as Exhibit "B."
6. The Commission, similarly executed by The Honorable Anne McDonnel, J.S.C.
pursuant on October 2, 2012. See Commission, attached as Exhibit "C."
7. Accordingly, Petitioners make application to this Court for the issuance of a
Subpoena directing the Custodian of Records of GeoServices, Ltd. to collect certain documents
and to appear and give testimony and make such application pursuant to 42 Pa.C.S.A. §5326(a),
which provides in relevant part:
A court of record of this Commonwealth may order a
person who is domiciled or is found within this
Commonwealth to give his testimony or statement or to
produce documents or other things for use in a matter
pending in a tribunal outside of this Commonwealth. The
order may be made upon the application of any interested
2
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109124-66142
person or in response to a letter rogatory and may prescribe
the practice and procedure, which may be wholly or in part
the practice and procedure of the tribunal outside this
Commonwealth, for taking the testimony or statement or
producing the documents or other things.
42 Pa.C.S.A. §5326(a).
8. Petitioners require the issuance of a Subpoena by this Court to compel the
Custodian of Records of GeoServices, Ltd. to collect documents and to appear for deposition,
consistent with the terms of the attached schedule. See Schedule "A", attached as Exhibit "D."
WHEREFORE, Petitioners Support Terminals Operating Partnership, L.P. ("ST") and
Plains Product Terminals LLC f/k/a Pacific Atlantic Terminals LLC ("Plains") pray that the
Court order the issuance of a Subpoena directing the Custodian of Records of GeoServices, Ltd.
to collect documents and to appear in this matter.
GIBRn~.TC n ~
BY:
Counsel for Petitioners
Petitioners Support Terminals Operating
Partnership, L.P. and Plains Product
Terminals LLC f/k/a Pacific Atlantic
Terminals LLC
Dated: November 21, 2012
3
als~ol2a v2
109124-66]42
VERIFICATION
Counsel for Petitioners Support Terminals Operating Partnership, L.P. and Plains Product
Terminals LI,C f/k/a Pacific Atlantic Terminals LLC hereby says that he is an attorney for the
Petitioners, that he is authorized to make this Verification on their behalf and that the facts set
forth in the foregoing Petition are true and correct to the best of his knowledge, information and
belief.
BY:
Counsel for Petitioners
Petitioners Support Terminals Operating
Partnership, L.P. and Plains Product
Terminals LLC f/k/a Pacific Atlantic
Terminals LLC
Dated: November 21, 2012
als~ol2s ~2
109124-66142
CERTIFICATE OF SERVICE
I, Scott A Etish, Esquire, hereby certify that on November 21, 2012, a true and correct
copy of the attached Petition for Issuance of a Subpoena, was served by mailing same via United
States first-class mail, postage prepaid, and by electronic mail upon the following:
David Edelstein, Esq.
ARCHER & GREINER P.C.
One Centennial Square
Haddonfield, New Jersey 08033
Leonard Z. Kaufmann, Esq.
CORN LIFLAND PEARLMAN
HERRMANN & KNOPF, LLP
Park 80 Plaza West -One
250 Pehle Avenue -Suite 401
Saddle Brook, New Jersey 07663
Ross A. Lewin Esq.
David J. Wagner, Esq.
DRINKER, BIDDLE & REATH, LLP
105 College Road East, Suite 300
P.O. Box 627
Princeton, New Jersey 08542-0627
C'TTRR(1NR P r
By:
# ls~olzs ~z
109124-66142
EXHIBIT "A"
May-20-03 12:25pm From-PATTON ~'GGS LLP
Chatham, New Je~ssy Q7~28
973-63$-6300
Attorneys for I'lainti~ Eancon Mobil Corporation
P~XXON M0~3II, CORI'ORATI4N, SUPEIZY4R COURT' QF NEViW IERSEY
LAW DTV7SION: GLCtUCE,STF.12
I?lainti.i`t CO'f1N'TY
~'~~
30SEPH T. WAIwSH, III, FSQ.
IvIcCUSKEft, ANSELII/!I, R4SEN, CARVELLI ~ WALSH, P.A. ~d'~,;D
127 Manx Street v,,~ ~'
f,
~~'
.., r
y 174CYLET S~IO. ~ - ~~~, ,~ ~ ~~
v.
20245T6315'~= 40 T-508 P.02/12 F-281
,,~~~~
~~' '
Civil Acticm
GATX CORPOIt~TIC7N', KINDER
MORC`rAN LIQUID TF.~TALS, .IrrC., colvlPZ..~nv'.~' A1VD n~1~rA.zvn Foy
s~poRT TERr~NALS s~.vzCES, nvC., ;rcnz~r T.~
rOlil~I I:llOES 1-10, AND ABC 311p8Y,ip~~'
CoRPaR~+.T~oNS ~-10, ~ : ~ , .
Defendants. AP-~ p $ ~
~~~
~~T
Plaintiff', E~£UN MOBIL CORPORATIOi`~, and iurluding its ~~~r ..
companies (collecti~veIy ``P.~conMobil"~, by and thmuglz its attar~ueys, McCYrsker, Anse2mi,
Rosen, Carvelli. & W a1s12, I'.A.., by way df Cozxaplaini againstCrAT~ Corporation ("CsA.TX'~,
Kinder 1Viorgan Liquid Termix.~als, Inc., ("K.inder Ivlorgan'~, Support TerminaL~ Services, Ync.
("ST'S, and Sohn Does 1-I0, and ABC Corporations I-I0, states:
PA17TI~S
1 _ E.~can Mobil Corporation is a N'ew Jersey Corpurafion,~ith its principal place
df business at 225 13. Sohn "~J. Carpenter Freeway, Irving, Texas, and maitst%~t71C ~ office in.
Pa~tlsbom, Mew J'errsey.
2. L7pon information and belief, GA'I~ Corporation is a New York corporation,
with its principal place of business at 500 West Mornne Street, Chicago, Illinois.
3. Kinder IVZorgan. Ligtaid Terminals, Inc. is a. Delaware cvrpr~ratipn with a
principal place afbusiness at 73~L afayette Street, Carteret, New jersey.
May-ZO-03 12~Z6pm Prom-PATTON 'IOGGS LlP 2024576315¢440 T-506 P. 03/12 P-281
4. Upon infaEmatian and belief, Support Terminals Services, Tnc, ("ST
Corporation"~ is a Delaware Corporation with a principal place of business at 3'~ Street and
Billingsport Jtoad in. Paulsbora, T'~ew Jersey.
5. John Does l-iQ and A$C Corporations i-1Q are persons ar business entities
that operated, managed, owned and/or supervised or exercised conirol over the operations and
abovelbelow gzotimd storage tanks and piping at fire Site, which is de#ine<f in detail below.
sxx~ Arm r>i s s~sxo~.~r
6. Prior to 1988, a predecessor company of Lx7conl~iobil owned and operated a
petroleum tenrsinal located on a thirty-abe acre parcel with an address of 3`~ Street and
Pillingsport Road in Paulsboro, New Jersey (hereizia.fter "the Site'.
7. Iis T 989, l~aatonMobil sold the Site to GATE Terminals ~;orpor~tion, a ~vvhoIly
owned subsidiary of GATE Corporation ("GAT~'~.
8. The sale of the Site to GATX triggered the site investigation and sit-
zemediation obligations of the ]~vironme~ntal Clearu~.p-and Recovery Act ("EL?RA'~, which
was amended in 1993, and re-named the Industrial Site Recovery Act ("ISRA'~.
9. Immediately therea#ter, BxxortMabil began to conduct a site investigation far
cantazxtination. in the soil and groundwater at the Site under an administrative consent order
with the '?stew Jersey Department df En'viro~xteutat Prote+ctian (" NJDEP'~.
10. Pursuant to the administrative consent order, Ex^~couMobil submitted a
proposed remedial plan to the hTJDEI'.
11. After the sale of the Site to CxATX, GATE used the Site t<~ stare chemicals far
use in its biasiueSS, ir~chuiing far sa.1e to oiI and gas manufacturing campatxi.es. TJpau
inforxziation and belied these chrrnicaLs were stored in above and below ground storage tanks.
2
},day-20-03 12:26pm Fron-PATTON BOGGS LLP 20245163154440 1-508 P.04/12 F-281
12. Qne of the cl~e,Cnicals that GATX stored at the Site iu. seveaal. sta~rage tanks was
pcxre lt~ethyl-Tez'Eia}'y Butyl ether, k~aon¢n as M'1`13:
l3, Y?uring the 199d7's, E~tanMobi2 conducted investigations of the groundwater
and soil at the Site. At the sane time, I?~oconMabil also conducted an investigation of the
storage tanks at the Site, then owned by GATX.
I4. During the same tune period, ExxonlVlabil canducte~3 remc~cliatzon of the
contamination impacted soils at the Site.
I5. Under the request and supervision of the" 1`~TTDEP, F~oronMabil conducted
additional soil and groundwater monitoring of the contamination.
,.
16. Specifically, $~conMobil found elevated levels of MTBE in gnundwater anal
soils at the Site. ExxonMobil contacted GATX and advised t3AT~ that it believed that
GATX was responsible for ongoing rel~ses of M`I'EE into the euvironu~.ent.
17, Exxo~iiabil also inf~ozrned the NxI7EP that 1/xxonIl~obil was not responsible
for the MTF~E contarrliziatio~ found in certa:i31 areas of the Site; and the monitoring resLits
indicated recent releases ar-dlor spills of MTSB at the Site..
I8. Ia 1~~, ExtanMo6i1's graundwatex r~zoziitarinl; wells detected sigtixfr,~xYt
increases iu MTBir levels in certain areas oi` the Site located near d"sATX°s above "gm~d'°
storage tacks for IvtTBE:
1 ~. anMc~bil notified the NJDEI' that it believed that releases cif Ivi7BE 'avexe
occurring from the GA'SX taws.
Z0. Xn December I99~, the N7DEP informed EacxortMabil tb~at it had caAClud~l
tk~at GATX }s respa~~rle for" the I~'I~3E fatutd at the Site.
~l . Upon infazmation and belief, in mid- year 2C?OFJ; GA'T~ sold the; Site to ST`.
3
flay-20-03 12:26am From-PATTaN BOGS LLP 20245763154440 7-608 P.05/12 F-Z61
22. In May 2004, GATX participated ixa, a joznt sampling pmgrarn of the
monitoring wells at the Site.
23, 'fie May 2000 groundwater sampling found MTBE at 6,000,000 ppb at ane
well, P~S, which was located immediately adjacent to above ground M'1Bl? storage #anks
owned by GrATX.
24. Upon ix~.formatian and belief, CAT"3~ performed a second ra~znd of sampling
and cvnfir>:ned that the 6,Q00,0f-0 ppb of M'I~3E in the garc~undwater in this area of the Site was
accurate.
25. 7n l~Tovember 2004, lrxxonMobil sampled well P-6 again, and fQUnd over .
. M
$,OOO,000 ppb of M'IBE.
2~. The N'7l'7EP is retluiring Ea~onMobil to cantiuue 'with groundwater
remediation at the Site, which. has and will cause E~onMa'bil to incur sif~ificant casts for the
cleanup of the cvta#aznination at the Site.
27. The contaxninatioa resulted fzous discharges, leaks, spills and other releases
that occurred. dw~ing the ti~tze tlsai defendants owned andlar operated the Sits, and from above
ground and ether storage tanks that were cantraAed by defendants.
2$. The contamination resulted from, but is not limited ta, leaks front the above
grauud and other storage tanks, leaks from pumps. or lines leading to the above ground and
other storage tanks, spills during operatives, including refilling and/or aver.&I1ing of the abvve
grcaund and other strarage tanks, and dispe~ing from the aba've grotmd and othea• storage tanks,
29. The contaminatiau includes, but is not lizZxited to, conta~irzaticua of soil anti
grvund~vater at the Si#e.
May-20.03 12:Z7pm From-PATTON $OGGS lLP 20245763154440 7.508 P.O6/12 F-281
30. ExxanMobz} has already incurred 51gmfiGaut investigative, cleanup and
Temed~atlOA GpSts &nd wdl CQTft]Illle tQ u1CLLT ]ll'V-ESt1$St1011~ cleanup axed remediatian costs in
connection with the contamination.
TiiANSFEI~ tJ~' T'~ S>tT](a_~_«004
3l. Upon information and belief, GATX transferred awnerslrip of tfle Site in 2000
to ST Corporatiozt.-
32. (.,Fpon informatioxt and belief'; ST Corporation assumed all liability fd~r
en~'iranmental cantainixia~kion at the Site from GATX.
33. T.-Tpon i~nfamiation and belief, any clainns asserted again ,~t GATX far
enrrironmenta] contamination at tl~e Site zz~ay ultimately be the xespor~zbility of ST
Cozgoration tv pay.
34. Further, in 2Q01, Kinder Mangan Liquid Terminals ("Kinder Mgrgan'~
infarnxed ~canMobil that it had purchased the assets of GATX, and ways its successor to
Iiatrility with regard to the Paulsboro, New Jersey site:.
3S. Upon infarnlatian and belief, GATX realized close to $8D0 m~lion dollars
from, the sale of its teaninals to Kinder Margazt.
CO~.JI~IT 4NE
(SPA ~)
36. EaQCOnMobil repeats and reaIleges the foregoing allegations as iffully set fortis
at length herein.
37. The New Jersey Spill Compsn5ata.4A attt1 Control Ac:t ("the Spill Act's,
I~'.J.S.A. 58:1()-23.11 et seq., imposes strict, joint and sEVeral liability ern sIl F:ersans in any
~vvay res~wnsible far a release or discharge of'haza~rdous substances.
5
May-20-03 12:27pm From-PATTON B.OG6S LLP 20245763154490 T-508 P.O7/12 F-281
3S. The contamination at the Site for which all defendants are respoxisibla far
remediatixag, is comprised of and was caused by substances clas4i.hed as "hazardous
substances", under the Spill Act, and subj ect to regulation under the Spill Act.
39. The use, storage, dispensing, disposal, spilling and leaking of hazardous
substances at the Site by defendants, andlor by ABC Corporations, resulted in a discharge{s)
as defined tuzder the Spill Act.
40. Under the Spill Act, F~conlVlobil is entitteci to contribution from GATX,
Kinder MorgazY, and ST Corporation, and from ABC Corporations that may have controlled or
supervised the Site during the period 19$9 to the present, ss persons in any way res~nsible
for the release ofhazardaLts substances at the Site.
41. E~conMobil is also entitled under the Spill Act to a dcctaratioxr of liability
agaizist GA1'.X, Tinder Morgan, and ST Corporation for all future cleanup costs and damages
to be incorrect.
COIJlVT TWO
(Common Law Waste)
42. ~cxanMobil repeats the fore$amg allegations as if set forth :fu11y at length
herein.
~3. CxA'T'X, ST Corporation and K~radet Iviargan viers owners, operators, and
controlled the activities of the Site.
4~. GA'T'X, ST Corporation and Tinder lvforgan had. am implied obligation and
duty, and continuing obligation not to expose the Site to waste by their acts, conduct, And/or
omissions to a,ct
ti
VAay-20-03 12:27pm Fram-PATTON.BOGGS LtP 20245769154440 T-506 P.08/12 F-281
45
GATX, ST Corporation and K.iYUler Morgan failed to properly conduct their
operations, activities and conduct at the Site in that they caused ox permitted the discharge and
release Qf)sazardous substances resulting; in contamination.
45_ The acts, carcduct, andlaz omissions to act by GATX, ST Corporation and
Kinder Morgan exposed the Site to waste, causing and resulting in damage to ExxanMobil.
47. GATE, .Bind-er 1VIQrgan, and ST Corparati.on are liable to EaoconMc~bil £or aA
damages incurred izi connection with the waste of, and at, the Site.
CQ~TJNT THRF..E
(Unjust Enrichment)
~8. E~oconMol~il repeats the foregoing allegations as if set forkh fully at length
l~ereiza.
49. GATX, ST Corporation, Kinder Margatt, ABC Corporations l••10, and John
Does l-Id conducted alterations and activities at the, Site with the .intention of making a
monetary profit from such operations and activities.
54. The profits, including rztonetary gains, goodwill and economies of scale far
GATX, Kindel IV.torgan aad ST Corporation, ABC Corporations 1-1 ~, ~uzd Joluz Does I - I0
vaore increased or maximized, as a result of tlter unauthorized and unlawihl acts, conduct and
omissions to act that caused and pemiirted the dischaa'ges.andreleases of hazardous substances
at the Site.
S I. GATX, Kinder Morgan and ST Corporation„ ABC Crnparati~~ns I-l0 and
Jahn Does l-l0 are liable to ~cxouNSobil for the contamination as a result of theirr acts,
cozzduct and omissions to act at the cite.
5~. GATX, Kinder Morgan, and ST Corporation, ABC Corporations I-l0 and
John IJoes 1-10 have benefited as a result of E~ncanMabil's efforts cit invesiigatang and
7
i4ay-20-03 12:27pn From-PATTON 80GGS L1P 2D24576315444D T-506 P. D9/Z2 F-261
remediating contamination at the Site, and F~coztMobil'~ efFarts ]save shielded smd/ar raIieved
them from assertion df liability against them by the NJDBP or other parties.
53. GAT'X, Kinder Morgan, ST Corporation, ABC Corporations 1-10 ~d~ John
Does 1-10 will be unjustly enriched at l~xxonMobil's expense, if they are not hrld respans~ble
and liable for the damages caused by they acts, conduct and omissions to set.
54. GA'T".K, Kinder fVlorgan, and ST Corporation, ABC Coiporatians 1-1~ ar~d
Jahn Does 1-10 are liable far damages to ExxonMabil to the extent of their unjust enrirhznent,
COUN'.F FQClIt.
(Statutory Contribution under I~.J.SA. 2A:S,~A-2)
SS. ExxanMobil repeats the faregaing allegations as if set Earth iixlIy at Ie~tgth
herein.
S6. The New Jersey Contnbution Act, N.J.S.A. 2A:53A-2, provides a right of
contribution ariaang joint tork#ea~ars.
S7. V~ithaut admitting ar acknowledging ariy liability for the contan~inatioa at the
Site, if it is found that F.~oco~rlobil is liable for the contamination, B~.xonMobil is entitled to
contribution far damages incurred or to be incurred as a result oftlze contami~atiox~ from any
other patty responsible far the contamination.
5 S. As a result of their acks, conduct and omissions tb act, GA.T?~, ST
Corporation, Kinder Morgan, ABC Corporations .1-10, and John Does 1-I0, are liable, in
whole or in part, for the contamination.
59: GATX, Kinder lYtargan, ST Corporation, ABC CQrporatiox-s I - I0, and Doha
Does ~-10, are therefore liable far statutory contributEan to Ex7corrMobil fox all. damages
incurred or to be incurred as a result of the cantanuuation.
8
tlay-20-03 12:28pm Fram-PATTON BOGGS LLP 20245763154440 T-508 P.10112 F-281
COYTIVT FIV,Iia
(Commoxt I.~3'cv Cantnbution}
6d. ~axonlwlobil repeats the foregoing allegations as if set forth .CuIly at Length
herein.
bl. A significant portion of the contamination at the SitN resulted from the
unauthorized and wraxigfizl oonduct of GA.TX, Kinder 1Vlorgan, ST Corporation, .ABG
Corporations 1-10, and John Does 1-10.
62. F.acxanMobil has incurred the entire costs ot'the investigation, remediation and
cleanup costs for the contamination at the Site, despite tlae rrsponsibi3ity of GATX
COrporatr4A, Kinder Morgan, ST Corporation, ABC Corporations 1-10 and~John Does 1-ZQ
for the releases aad discharges of contarriixxatrts, including MTBL.
G3. BxxonMobil has suffered damages for the investigation, reTUediation and
cleanup eosin for the conaamnnation at the Site, which was not ttie responsibility of
Ex~conMobil.
64. ~aaconMobil is entitled. to couamon law contribution $am GAT3i, Kinder
Morgan, ST Cotporatic7tr, ABC Corporation 1-10 and Jahn .Does 1-i4 foa• all damages
incurred or to be incurred as a result of the contamination caused by the defend:;nts, including
attorneys' fees and costs of suit.
WSEl~F4RZv, ~xxonMobil deu~ands judgment against defendants GATx,
Ki~ader Morg~a, ST Corporation, ABC Corporations 1~-1Q, and John Roes 1.10, awarding
F~conMobil:
a) Judgment far damages incurred and to be incurred, includng
' coanpensatory damages, consequential damages, incid~rtal damages,
ixtvestigation and cleanup costs, aztom~s' fees and co::ts of suit;
9
May-20-03 12:28pm From-PATTON B..OGGS LLP 20245763154440 T-508 P.ii/12 F-281
friable.
Dated: April 7, 2403
b} J'udgmcnt for treble damages for all damages inclurect or to he incux>;ed. as
provided by the New Jersey Spill Act;
c) Declaration drat aefe~xdants aze liable under the Spill'.Aet for any aad all
investigation costs and cleanup costs to be i~ncuYrc-d in the fuu~re;
d} Attorneys' Fees and costs of shit; and
e} Such other and further relief as the Court may deem equitab]e and just.
JUDY DEMAND
E~canMobil hereby demands a trial by jury with respect to 31l issues so
$y~
7oseph T. also, LTI, Esq.
McCUS ANSELMi, ROSEN,
CAR't~LLI & ~V'ALS~i, P.A.
X 27 Main Street
Cl7athanl, Nevv Jersey 87928
973-t53S-630Q
Attc-meys for Plaintiff,
E~cor~ Mobd Corporation
l0
~lav-20-03 12:26pm From-PATTON BOGGS LLP 20245763154d40 T-508 P.12/12 F-281
I,tule Q:5-1 Certification
I hereby certify that the foregoing action is not the subject ofany other
pending action or axbitration, nor is auy such action or arbitration eantemF~lated. I am rat
aware of any other pasties who should be j aired m this actipz><, other tizart those idenfihed by
fictitious names in ti--e foz~going complaint.
Ey. W
___~~..
7oseph T, VJ'alah, III, Esq.
McCUSK.IIR, ANS I3LMI, P-USEN,
CAR'VELLT & WALSI-I, P.A.
127 Main Street
Chatham, New Jr-~sey ~79'?8
. 973-63S-5300
Attorneys fax Plaintiff,
axon 1vlob~Z Corpoeation
Dated: April 7, ,2003
11
EXHIBIT "B"
GIBBONS PC
Gateway Center
Newark, New Jersey 07102
Telephone: 973-596-4500
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
One Houston Center
1221 McKinney Street, Suite 3460
Houston, TX 77010
Telephone: 713-65 5-1101
RECEIVED & ~11ED
~ ~E~ ~ 0 2 20x1
Anne Mrpanr-eU, P.J.Ch.
~ ~ c,~, ~„
Attorneys for Defendants
Support Terminal Operating Partnership, L.P. and
Plains Products Terminals LLC, and Third Party Defendant
Kaneb Pipeline Operating Partnership, L.P.
EXXON-MOBIL CORPORATION,
Plaintiff,
v.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: GLOUCESTER COUNTY
Docket No. L-000563-03
GATX CORPORATION, KINDER
MORGAN LIQUIDS TERMINALS, INC.
SUPPORT TERMINAL SERVICES, .INC.,
PACIFIC ATLANTIC TERMINALS LLC,
JOHN DOES 2-10, AND ABC
CORPORATION 1-10,
Defendants.
and
KINDER MORGAN LIQUIDS
TERMINALS, LLC,
Third-Party Plaintiff,
v.
KANEB PIPE LINE OPERATING
PARTNERSHIP, L.P.,
Third-Party Defendant.
Civil Action
ORDER FOR GRANTING MOTION
FOR ISSUANCE OF COMMISSIONS
PURSUANT TO R. 4:11-5
THIS MATTER, having been brought before the Court upon the application of
Defendants NuStar Terminals Operations Partnership L.P. f/k/a Support Terminals Operating
Partnership, L.P. ("ST"), and Plains Products Terminals LLC f/k/a Pacific Atlantic Terminals
LLC ("PPT") (collectively "Plains") by and through their attorneys, Gibbons P.C., for an Order
pursuant to R. 4:11-5, granting the issuance of Commissions for the service of a subpoena duces
tecum and ad testificandum on a corporate representative of GeoServices, Ltd., 1525 Cedar Cliff
Drive, Camp Hill, PA 17011; and for any other appropriate order or process in aid of such
Commissions; and the Court having considered the submissions of counsel, and for good cause
shown,
IT IS on this ~ day of ~ 2012
ORDERED that Plains' motion for the issuance of Commissions be and hereby is
GRANTED; and it is further
ORDERED that this Court hereby authorizes the issuance of, and hereby issues, its
Commissions, pursuant to R. 4:11-5, and hereby directs the Clerk of the Superior Court of New
Jersey, Gloucester County to affix the proper seal to said Commissions, in the form annexed
hereto, for the service of a subpoena duces tecum and ad testificandum on a corporate
representative of GeoServices, Ltd., 1525 Cedar Cliff Drive, Camp Hill, PA 17011; and it is
further
ORDERED, that this Court respectfully requests that the Court of Common Pleas,
Cumberland County, authorize the issuance of a subpoena duces tecum and ad testificandum on
GeoServices, Ltd., 1525 Cedar Cliff Drive, Camp Hill, PA 1701 l; and it is further
ORDERED that a copy of this Order be served upon all counsel of record, within seven
(7) days of Plains' counsel's receipt hereof, via regular U.S. mail.
Hon. Anne McDonnell, J.S.C.
~" ~
EXHIBIT "C"
GIBBONS PC
Gateway Center
Newark, New Jersey 07102
Telephone; 973-596-4500
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
-One Houston Center
1221 McKinney Street, Suite 3460
Houston, TX 77010
Telephone: 713-655-1101
Attorneys for Defendants
Support Terminal Operating Partnership, L.P. and
Plains Products Terminals LLC, and Third Party Defendant
Kaneb Pipeline Operating Partnership, L.P.
EXXON-MOBIL CORPORATION,
Plaintiff,
v.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION; GLOUCESTER COUNTY
Docket No. L-000563-03
GATX CORPORATION, KINDER
MORGAN LIQUIDS TERMINALS, INC.
SUPPORT TERMINAL SERVICES, INC.,
PACIFIC ATLANTIC TERMINALS LLC,
JOHN DOES 2-10, AND ABC
CORPORATION 1-10,
Defendants.
and
KINDER MORGAN LIQUIDS
TERMINALS, LLC,
Third-Party Plaintiff,
v.
KANEB PIPE LINE OPERATING
PARTNERSHIP, L.P.,
Third-Party Defendant.
THE STATE OF NEW JERSEY,
Civil Action
COMMISSION PURSUANT TO R. 4:11-5
FOR ISSUANCE OF OUT OF STATE
SUBPOENA ON GEOSERVICES, LTD.
To the Clerk of The Cumberland County Court of Common Pleas, greetings:
WHEREAS, it appears to this the Superior Court of New Jersey,. Gloucester County, that
GeoServices, Ltd. is a material witness in the above-captioned action with information relevant
thereto, we request that You issue a Subpoena Ad Testificandum and Duces Tecum to
GeoServices, Ltd., who is within your jurisdiction, to appear for a deposition at place within fifty
(50) miles of GeoServices, Ltd., 1525 Cedar Cliff Drive, Camp Hill, PA 17011, at the appointed
time and place to produce documents sought by the parties in the above-captioned matter and to
answer oral questions under oath and to certify that the witness was duly sworn to You and that
the deposition transcript is a true and complete record of the answers given by or on behalf of
GeoServices, Ltd. This Court is ready and willing to do the same for You in a similar case when
requested.
Witness, the Honorable Anne McDonnell, J.S.C. this
2012.
Z'~`~
day of
~~
Anne McP~~°~P1.~, P.J.Ch.
Dated:
[SEAL]
EXHIBIT "D"
SCHEDULE A
DOCUMENTS TO BE PRODUCED BY THE. CUSTODIAN OF RECORDS
OR OTHER QUALIFIED INDNIDUAL
INSTRUCTIONS
1. This Subpoena calls for the production of all documents within the possession,
custody and control of you and your employees, agents, consultants, or aftorneys, that pertain to
the subject of the specific requests hereinafter made.
2. If, for any reason, you are unable to produce in full any document requested:
Produce each such document to the fullest extent possible;
Specify the reasons for your inability to produce the remainder; and
State in detail whatever information, knowledge, or belief you have concerning the whereabouts
and substances of each document not produced in full.
3. If any document requested was at one time in existence, but is no longer in
existence, please state for each document as to which that is the case:
(a) The type of document;
(b) The types of information contained therein;
(c) The date upon which it ceased to exist;.
(d) The circumstances under which it ceased to exisf;
(e) The identity of all persons having knowledge of the circumstances under
which it ceased to exist; and
(f) The identity of all persons having knowledge or who had knowledge of
the contents thereof.
4. For each document requested which you are unable to produce and which was at
any time within your possession, custody or control, or to which you had access at any time,
specify in detail:
(a) The nature of the document (i.e., letter, memorandum, etc.);
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109124-66142
~)
(c}
(d)
The author of the document;
All recipients of the document and any copy thereof;
A summary of the information contained in the document;
(e) The date on which you lost, relinquished, or otherwise ceased to have
possession, custody, control of, or access to the document;
(f) Identify all persons having knowledge of the circumstances whereby you
lost, relinquished, or otherwise ceased to have possession, custody, or
control of, or access to the document; and
{g) Identify all persons who have or have had knowledge of the contents of
the document, in full or in part.
5. In the event you seek to withhold or do withhold any document, in whole or in
part, on the basis that it is not subject to discovery, produce a list of all such documents and, as to
each such document, state:
(a) The name of each author, writer, sender or initiator of each such
document;
(b) The name of each recipient, addressee or party to whom such document
was sent or intended to be sent;
(c) The name of each and every person who received a copy of the document;
(e) The date of the document or, if no date appears on the document, the date
the document was prepared;
(f) The title of the document, or if it has no title, then such other description
of the document and its subject matter as shall be sufficient to identify the
document; and
(g) The grounds claimed for withholding the document from discovery (e.g_, attorney-client
privilege, work product, or any other grounds}, and the. factual basis for such a claim.
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109124-66142
DEFINITIONS
A. "ExxonMobil," as used herein, refers to ExxonMobil Corporation f/k/a Exxon
Corporation, the agents, officers, directors, employees, attorneys, accountants, assignees and
other representatives of ExxonMobil Corporation f/k/a Exxon Corporation and its subsidiaries,
parents, and affiliates.
B. "Paulsboro Terminal," as used herein, refers to the terminal for the storage of
petroleum and other products at Third Street and Billingsport Road, Borough of Paulsboro,
Gloucester County, New Jersey, formerly owned at different times by ExxonMobil and GATX
Terminals Corporation and presently owned by Plains Products Terminals LLC.
C. "You," "Your," or "GeoServices" means "GeoServices, Ltd." located at 1525
Cedar Cliff Drive, Camp Hill, PA 17011, and any of the agents, officers, directors, employees,
attorneys, accountants, assignees and other representatives of GeoServices and its subsidiaries,
parents, and affiliates.
D. "Person" means any natural person, sole proprietorship, corporation, company,
association, joint venture, firm, partnership, or other legal or business entity in whatever form.
E. "Representative" means any person acting or purporting to act on behalf of any
other person or company.
F. As used herein, the words "document," "documents," or "documentary" include
any written, printed, recorded, or graphic matter, photographic matter, film or video tape matter,
or sound reproductions, however produced or reproduced, referring or relating to the subjects
mentioned now or formerly in the possession, control, or custody of GeoServices, including
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109124-66142
documents at a time in the possession, control, or custody of GeoServices' agents, attorneys, or
any other person or entity acting on their behalf. By way of illustration and not limitation, the
term "document" shall include electronic mail correspondence (e-mail), memoranda of telephone
conversations, summaries, diaries, or other records of personal conversations or interviews, and
minutes, summaries, or other records of any meetings, discussions or conferences, as well as
other notes, reports, records, data, memoranda, correspondence, notebooks, scrapbooks, diaries,
minutes; summaries, financial statements, ledgers, magnetic tape or other sound recordings,
telegrams, letters, photographs, drawings, prints, studies, manuals, instructions, bids,
specifications, graphs, sketches, blueprints, charts, curves, motion picture film, microfilm,
computer records, photographic negatives, photocopies, photostats, x-rays, descriptions,
purchase orders, agreements, contracts, invoices, bills of lading, published or unpublished
speeches, manuscripts or articles, transcripts, affidavits, depositions, printed matter, publications
and any other retrievable intelligence, however recorded, memorialized or preserved. Any
original or copy containing or having attached thereto any alterations, notes, comments or other
material not included in each other original or copy shall be deemed a separate document within
the foregoing definition.
G. As used herein, the words "communication(s)" or "correspondence" include any
verbal or written conversation, any other statement from one person to another, or any exchange
of observations, opinions, or ideas, including but not limited to any method of communication
including email or other electronic communication (from any email account, whether business or
personal), notes, telegrams, facsimiles or any other form of written or oral transmittal of
information.
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H. "Refers, reflects or relates to," when used in conjunction with or reference to a
document of thing, includes the document or thing itself.
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109124-66142
DOCUMENTS REQUESTED
1. A complete copy of your files ,including any and all documents related to the
environmental investigation and remediation of the Paulsboro Terminal.
2. All correspondence between you and Exxon.
3. All financial information, including, without limitation, billing statements,
account statements, invoices, and budgets related to work and proposed work at the Paulsboro
Terminal.
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109124-66142
SCHEDULE B
CERTIFICATION OF CUSTODIAN OF RECORDS
OR OTHER QUALIFIED INDIVIDUAL
I, hereby certify that:
1. I am the Custodian of Records of or am otherwise qualified to administer the
records for ;and
2. The attached records:
a. Are true and correct copies of records that were made at or near the time
of the occurrence of the matters set forth, by or from the information transmitted by, a person
with knowledge of these matters; and
b. Were kept in the course of regularly conducted business activity; and
c. Were made and kept by the regularly conducted business activity as a
regular practice.
I DECLARE under the penalty of perjury that the foregoing is true and correct.
Date:
Signature and title:
SWORN AND SUBSCRIBED TO before me this
2012.
[Notary Seal]
(Signature)
day of
(Printed name)
Notary Public
My Commission Expires:
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109124-66142
EXXON MOBIL CORPORATION,
Plaintiff,
v.
GATX CORPORATION; KINDER
MORGAN LIQUID TERMINALS, INC.;
SUPPORT TERMINALS SERVICES, INC.;
PACIFIC ATLANTIC TERMINALS LLC;
JOHN DOES 2-10; and ABC
CORPORATIONS 1-10,
Defendants.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
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Case Pendin in:
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Superior Court of New Jersey
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Law Division: Gloucester Count ~ -v C
Docket No. GLO-L-0563-03 -~ ~ s ~' ~-~
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ORDER t ~
AND NOW, this ~ ~ day of IVO 1/1~lJ U~•, 2012, upon consideration of
the Petition for Issuance of Subpoena of Petitioners Support Terminals Operating Partnership,
L.P. ("ST") and Plains Product Terminals LLC f/k/a Pacific Atlantic Terminals LLC ("Plains")
(collectively "Plains"), it is hereby ORDERED and DECREED that the Petition is GRANTED.
The Prothonotary shall issue a Subpoena directed to the Custodian of Records of GeoServices,
Ltd, 1525 Cedar Cliff Drive, Camp Hill, PA 17011, directing him/her to collect certain
documents and appear and give testimony in connection with the above-captioned matter within
the time prescribed by the Subpoena.
It is further ORDERED that said testimony shall be given pursuant to the relevant
Pennsylvania Rules of Civil Procedure as expressly allowed in 42 Pa.C.S.A. §5326(a).
C~o~y ,-nay
s. ~~.
~/ .~d~
BY THE
J.
ala~ol2s v2
109124-66142