Valero Refining Company

Summary of Pending Case: On March 23, 2009, Shepherd, Finkelman, Miller & Shah, LLP, along with co-counsel, filed a Class Action Complaint on behalf of Plaintiff, Carol Herrera, against Valero Refining Company—New Jersey (“Valero” or “Defendant”) in the Superior Court of New Jersey Gloucester County Law Division, Civil Action No. L523-09. The Complaint alleges violation of the New Jersey Spill Act, N.J.S.A. 58:10-32.11 et seq., in connection with real and property damage allegedly caused by a release of slurry oil by Valero from its Paulsboro, New Jersey facility on October 30, 2008.

Status of Pending Case: Defendant answered Plaintiff’s Complaint on June 10, 2009. Discovery is ongoing in this matter. The parties have exchanged documents pertinent to the litigation and expect to take depositions over the next several months.

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