Opinion
MDL 1358 Master 1:00-1898
11-05-2021
In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation This document relates to: v. Exxon Mobil Corporation et al., Commonwealth of Pennsylvania et al. No. 14-cv-6228-VSB
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE
On October 27, 2021, upon a showing made by Plaintiff the Commonwealth of Pennsylvania ("Pennsylvania"), a Clerk's Certificate of Default was entered against Defendant American Refining Group, Inc. ("ARG") for failing "to file an answer to the Second Amended Complaint within sixty (60) days of the Opinion & Order issued on August 2, 2021." (Doc. 750; see also Doc. 662 (the Opinion & Order).) On November 2, 2021, ARG filed papers seeking to vacate the Clerk's Certificate of Default. (Docs. 759-60.) Among other things, ARG argues that it did not receive notice of the Opinion & Order and that its counsel's pro hac vice admission "had expired or was no longer effective." (Doc. 760 ¶¶ 5-8.) As an exhibit, ARG filed a "proposed answer to the Second Amended Complaint," (id. ¶ 14), which it intends to file if the Clerk's Certificate of Default is vacated, (see Doc. 760-3.) Accordingly, it is hereby
ORDERED that Pennsylvania and ARG shall meet and confer in an attempt to reach consensus on whether the Clerk's Certificate of Default should be vacated. It is further
ORDERED that by November 19, 2021, Pennsylvania and ARG shall jointly file either (1) a proposed stipulation and order to vacate the Clerk's Certificate of Default; or (2) a joint letter explaining each party's respective positions regarding the Clerk's Certificate of Default.
SO ORDERED