Joint Stipulation Document in Red Hill Lawsuit
Joint Stipulation Document in Red Hill Lawsuit
Joint Stipulation Document in Red Hill Lawsuit
3231
Plaintiffs,
Defendant.
1
Case 1:22-cv-00397-LEK-KJM Document 98 Filed 05/10/23 Page 2 of 4 PageID.3232
and promote early resolution or, if necessary, trial efficiency in this matter (see
1. The United States does not dispute that the November 20, 2021 spill at the
Red Hill Bulk Fuel Storage Facility (Red Hill) caused a nuisance for those
Health’s November 29, 2021 advisory (hereinafter, “Resident Plaintiffs”) and this
nuisance lasted for as long as this advisory was in effect for each Resident
Plaintiff’s residence.
2. The United States does not dispute that, between May 6, 2021, and
November 20, 2021, the United States breached its duty of care to the Resident
Plaintiffs to exercise ordinary care in the operation of Red Hill, resulting in the
3. The United States does not dispute that, as a result of the aforementioned
Federal Tort Claims Act (FTCA). The nature and extent of these injuries will be
4. For purposes of this stipulation, the term “United States” includes individual
2
Case 1:22-cv-00397-LEK-KJM Document 98 Filed 05/10/23 Page 3 of 4 PageID.3233
conduct by “the United States” does not include stipulating to which specific
the United States. As provided below, any potential claims against such
5. The parties agree that nothing in this Joint Stipulation is intended to waive in
this case or in any other case the United States’ (a) right to contest causation and
addressed in Paragraphs 1 and 2 above; (b) other defenses, including its right to
and 2 above; or (c) potential claims against parties other than the Resident
Plaintiffs.
6. The parties further agree that this Joint Stipulation is for this case only, is not
binding on the United States as against individuals or entities other than the
Resident Plaintiffs, and is not for use in any other case, claim, proceeding, or
matter involving the United States, its agencies, or employees. The parties agree
that they are entering into this Joint Stipulation in lieu and instead of fully
litigating the issues addressed above. If aspects of this Joint Stipulation are
presented to the Court for possible incorporation into an Order or Judgment in this
case, the United States reserves the right to request from the Court appropriate
language limiting the effect of the matters stipulated to herein to this case.
3
Case 1:22-cv-00397-LEK-KJM Document 98 Filed 05/10/23 Page 4 of 4 PageID.3234