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Open PDF File, 8.71 MB, for February 01, 2017 Appendix In Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 1 of 10 PageID 5923 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION EXXON MOBIL CORPORATION, § § Plaintiff, § v. § No. 4:16-CV-469-K § ERIC TRADD SCHNEIDERMAN, § Attorney General of New York, in his § official capacity, and MAURA TRACY § HEALEY, Attorney General of § Massachusetts, in her official capacity, § § Defendants. § APPENDIX IN SUPPORT OF EXXON MOBIL CORPORATION’S BRIEF IN SUPPORT OF THIS COURT’S PERSONAL JURISDICTION OVER THE DEFENDANTS Exhibit Description Page(s) N/A Declaration of Justin Anderson (Feb. 1, 2017) v – ix A Transcript of the AGs United for Clean Power App. 1 –App. 21 Press Conference, held on March 29, 2016, which was prepared by counsel based on a video recording of the event. The video recording is available at http://www.ag.ny.gov/press- release/ag-schneiderman-former-vice-president- al-gore-and-coalition-attorneys-general-across B E-mail from Wendy Morgan, Chief of Public App. 22 – App. 32 Protection, Office of the Vermont Attorney General to Michael Meade, Director, Intergovernmental Affairs Bureau, Office of the New York Attorney General (Mar. 18, 2016, 6:06 PM) C Union of Concerned Scientists, Peter Frumhoff, App. 33 – App. 37 http://www.ucsusa.org/about/staff/staff/peter- frumhoff.html#.WI-OaVMrLcs (last visited Jan. 20, 2017, 2:05 PM) Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 2 of 10 PageID 5924 Exhibit Description Page(s) D Union of Concerned Scientists, Smoke, Mirrors & App. 38 – App. 106 Hot Air: How ExxonMobil Uses Big Tobacco’s Tactics to Manufacture Uncertainty on Climate Science (2007) E Practice Areas, Pawa Law Group, P.C., App. 107 – App. 109 http://www.pawalaw.com/practice-areas (last visited Jan. 30, 2017, 2:10 PM) F Seth Shulman, Union of Concerned Scientists and App. 110 – App. 146 Climate Accountability Institute, Establishing Accountability for Climate Change Damages: Lessons from Tobacco Control (October 2012) G David Kaiser & Lee Wasserman, The Rockefeller App. 147 – App. 155 Family Fund Takes on ExxonMobil, The New York Review of Books (Dec. 22, 2016), http://www.nybooks.com/articles/2016/12/22/roc kefeller-family-fund-takes-on-exxon- mobil/?printpage=true H E-mail from Kenny Bruno to Lee Wasserman et App. 156 – App. 157 al. (January 5, 2016, 4:42 PM) I Alana Goodman, Memo Shows Secret App. 158 – App. 160 Coordination Effort Against ExxonMobil by Climate Activists, Rockefeller Fund, Wash. Free Beacon (Apr. 14, 2016, 5:00 PM) J E-mail from Lemuel Srolovic, Bureau Chief, App. 161 – App. 162 Environmental Protection Bureau, Office of the New York Attorney General, to Matthew Pawa, President, Pawa Law Group, P.C. (Mar. 30, 2016, 9:01 PM) K The New York Attorney General’s Subpoena to App. 163 – App. 181 ExxonMobil (Nov. 4, 2015) L Greenpeace, ExxonMobil Climate Denial App. 182 – App. 185 Funding 1998–2014, http://www.exxonsecrets.org/html/index.php (last visited Jan. 30, 2017, 2:19 PM) ii Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 3 of 10 PageID 5925 Exhibit Description Page(s) M The Massachusetts Attorney General’s Civil App. 186 – App. 215 Investigative Demand to ExxonMobil (Apr. 19, 2016) N Climate Change Coalition Common Interest App. 216 – App. 235 Agreement O Redacted e-mail from Lemuel Srolovic, Bureau App. 236 – App. 237 Chief, Environmental Protection Bureau, Office of the New York Attorney General, to Jack Balagia, Vice President and General Counsel, ExxonMobil (Nov. 4, 2015) P U.S. Energy Information Administration, App. 238 – App. 241 Rankings: Total Energy Production, 2014, https://www.eia.gov/state/rankings/#/series/101 (last visisted Jan. 30, 2017, 2:27 PM) Q Plea in Intervention of the States of Texas & App. 242 – App. 249 Alabama, Exxon Mobil Corp. v. Walker, No. 017- 284890-16 (Tex. Dist. Ct. May 16, 2016) R Secretary of the Commonwealth of App. 250 – App. 254 Massachusetts, ExxonMobil’s Massachusetts Registration Filing, http://corp.sec.state.ma.us/CorpWeb/CorpSearch/ CorpSummary.aspx?FEIN=135409005&SEARC H_TYPE=1 (last visited Jan. 30, 2017, 4:46 PM) iii Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 4 of 10 PageID 5926 Dated: February 1, 2017 EXXON MOBIL CORPORATION Patrick J. Conlon /s/ Ralph H. Duggins ([email protected]) Ralph H. Duggins State Bar No. 24054300 ([email protected]) (pro hac vice) State Bar No. 06183700 Daniel E. Bolia Philip A. Vickers ([email protected]) ([email protected]) State Bar No. 24064919 State Bar No. 24051699 1301 Fannin Street Alix D. Allison Houston, TX 77002 ([email protected]) (832) 624-6336 State Bar. No. 24086261 CANTEY HANGER LLP Theodore V. Wells, Jr. 600 W. 6th St. #300 (pro hac vice) Fort Worth, TX 76102 ([email protected]) (817) 877-2800 Michele Hirshman Fax: (817) 877-2807 (pro hac vice) ([email protected]) Nina Cortell Daniel J. Toal ([email protected]) (pro hac vice) State Bar No. 04844500 ([email protected]) HAYNES & BOONE, LLP PAUL, WEISS, RIFKIND, WHARTON & 2323 Victory Avenue GARRISON LLP Suite 700 1285 Avenue of the Americas Dallas, TX 75219 New York, NY 10019-6064 (214) 651-5579 (212) 373-3000 Fax: (214) 200-0411 Fax: (212) 757-3990 Justin Anderson (pro hac vice) ([email protected]) PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 2001 K Street, NW Washington, D.C. 20006-1047 (202) 223-7300 Fax: (202) 223-7420 Counsel for Exxon Mobil Corporation iv Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 5 of 10 PageID 5927 CERTIFICATE OF SERVICE This is to certify that on this 1st day of February 2017, a true and correct copy of the foregoing document was filed electronically via the CM/ECF system, which gave notice to all counsel of record pursuant to Local Rule 5.1(d). /s/ Ralph H. Duggins RALPH H. DUGGINS iv-a Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 6 of 10 PageID 5928 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION EXXON MOBIL CORPORATION, § § Plaintiff, § § v. § No. 4:16-CV-469-K § ERIC TRADD SCHNEIDERMAN, § Attorney General of New York, in his § official capacity, and MAURA TRACY § HEALEY, Attorney General of § Massachusetts, in her official capacity, § § Defendants. § DECLARATION OF JUSTIN ANDERSON I, Justin Anderson, declare as follows: 1. My name is Justin Anderson. I have been admitted to practice law pro hac vice in the U.S. District Court for the Northern District of Texas and am an attorney with the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, counsel of record for Exxon Mobil Corporation (“ExxonMobil”) in this matter. I am over 18 years of age and am fully competent in all respects to make this Declaration. I have personal knowledge of the facts stated herein, based on my experience or my consultation with others, or they are known to me in my capacity as counsel for ExxonMobil, and each of them is true and correct. 2. I submit this declaration in support of ExxonMobil’s Brief in Support of this Court’s Personal Jurisdiction over the Defendants. 3. As of January 31, 2017, a majority of the more than 400,000 documents ExxonMobil has produced—totaling over 2.57 million pages—were stored in Texas or in v Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 7 of 10 PageID 5929 the files of ExxonMobil employees who have worked for ExxonMobil in Texas. It appears that no documents have been produced from the custodial files of ExxonMobil employees based in New York or Massachusetts. 4. Attached to this declaration as Exhibit A is a transcript of the AGs United for Clean Power Press Conference, held on March 29, 2016, which was prepared by counsel based on a video recording of the event. The video recording is available at http://www.ag.ny.gov/press-release/ag-schneiderman-former-vice-president-al-gore-and- coalition-attorneys-general-across. 5. Attached to this declaration as Exhibit B is an email from Wendy Morgan, Chief of Public Protection, Office of the Vermont Attorney General, to Michael Meade, Director, Intergovernmental Affairs Bureau, Office of the New York Attorney General, dated March 18, 2016, obtained from http://eelegal.org/wp- content/uploads/2016/04/Development-of-Agenda.pdf. 6. Attached to this declaration as Exhibit C is a copy of the Union of Concerned Scientists’s profile of Peter Frumhoff, obtained from http://www.ucsusa.org/about/staff/staff/peter-frumhoff.html#.WI-OaVMrLcs. 7. Attached to this declaration as Exhibit D is a report published by the Union of Concerned Scientists, dated January 2007, obtained from http://www.ucsusa.org/sites/default/files/legacy/assets/documents/global_warming/exxon _report.pdf. 8. Attached to this declaration as Exhibit E is a copy of the Pawa Law Group’s description of its practice areas, obtained from http://www.pawalaw.com/practice-areas. vi Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 8 of 10 PageID 5930 9. Attached to this declaration as Exhibit F is a copy of report published by the Union of Concerned Scientists and Climate Accountability Institute in October 2012, obtained from http://www.climateaccountability.org/pdf/Climate%20Accountability%20Rpt%20Oct12. pdf. 10. Attached to this declaration as Exhibit G is a copy of an article by David Kaiser and Lee Wasserman, published in The New York Review of Books on December 22, 2016, obtained from http://www.nybooks.com/articles/2016/12/22/rockefeller-family- fund-takes-on-exxon-mobil/?printpage=true.
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