Free Order - District Court of Delaware - Delaware

Case 1:88-cv-00263-SLR Document 328 Filed 08/31/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NATURAL RESOURCES DEFENSE )
COUNCIL, INC. and DELAWARE )
AUDUBON SOCIETY, )
Plaintiffs, 5
v. g Civ. No. 88-263-SLR
TEXACO REFINING AND MARKETING g
mc., B
)
Defendant. )
0 R D E R
At Wilmington this .3h+day of August, 2006, having reviewed
the pending motions, the papers submitted in connection
therewith, as well as the arguments presented by counsel at the
March l, 2006 hearing;
IT IS ORDERED that:
l. An evidentiary hearing will be conducted on Tuesday,
October 24, 2006 at 10:00 a.m. in courtroom 6B, on the sixth
floor of the J. Caleb Boggs Federal Building, 844 King Street,
Wilmington, Delaware. The hearing shall include testimony from
court—appointed expert Dr. Jay C. Means, and shall examine
whether defendant's data is reliable and whether it demonstrates
compliance with the Stipulated Order dated February 22, 2000.
(D.I. 296) Specifically, the following sections of the

Case 1:88-cv—00263—SLR Document 328 Filed 08/31/2006 Page 2 of 2
Stipulated Order will be considered: 1{c)(2); l(c)(3); l(d);
1(i); 1(j); and i(l). (D.I. 296)
2. Defendant shall bear all expenses and costs associated
with the hearing because defendant did not conduct a caged
bivalve study as mandated by the February 22, 2000 Stipulated
Order (D I. 296), nor did defendant confer with the court or
opposing counsel before conducting tests not specifically
mandated in said order.
3. The pending motions (D.I. 300, 308) are denied without
prejudice to renew.
United Statés District Judge
2