Free Motion to Alter Judgment - District Court of Delaware - Delaware

Case 1:88-cv-00263-SLR

Document 308-2

Filed 09/09/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) )

NATURAL RESOURCES DEFENSE COUNCIL, INC. and DELAWARE AUDUBON SOCIETY, Plaintiff, v. TEXACO REFINING AND MARKETING, INC., Defendants.

Civ. Action No. 88-263-SLR

STATEMENT PURSUANT TO LOCAL RULE 7.1.1 I am counsel to defendant Texaco Refining and Marketing, Inc., which has filed a brief in Opposition to Plaintiffs' Motion to Enforce Judgment and a Motion for Relief from Judgment. Both defendant's and plaintiffs' motions involve the dispute regarding the requirements of this Court's November 6, 1993 Injunction. My co-counsel, John W. Kampman, has had discussions with Mitchell Bernard, counsel for plaintiffs, concerning the subject matter of both defendant's and plaintiffs' motions, as detailed in plaintiffs' Statement Pursuant to Local Rule 7.1.1. These discussions have occurred for more than a year and have included correspondence, telephone conversations, and an inperson meeting. The discussions have demonstrated that the parties have contrasting views on both the substantive issues and on a procedure to resolve them through arbitration. Consequently, defendant's motion is necessary.

Case 1:88-cv-00263-SLR

Document 308-2

Filed 09/09/2005

Page 2 of 2

MORRIS, NICHOLS, ARSHT & TUNNELL

/s/ Megan Ward Cascio Richard D. Allen (#469) Megan Ward Cascio (#3785) 1201 N. Market Street P.O. Box 1347 Wilmington, Delaware 19899 (302) 658-9200 Attorneys for Defendant

OF COUNSEL: Anthony F. King Julie M. Domike John W. Kampman WALLACE KING MARRARO & BRANSON, PLLC 1050 Thomas Jefferson St., N.W. Washington, DC 20007 (202) 204-1000

September 9, 2005