Document DMxezK9jY0QBXK6xzBe9qDY2d

CT System TO: Darren M Welsh Paralegal - Litigation Pfizer Corporation 100 Route 206 North Peapack, NJ 07977 Service of Process Transmittal Form Helena, Montana 03/09/2004 Via Federal Express (2nd Day) RE: PROCESS SERVED IN MONTANA FOR MONSANTO CHEMICAL COMPANY Domestic State: De True Name : PHARMACIA CORPORATION ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: 1. TITLE OF ACTION: Marty Paulson, et al. vs MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA, et al. 2. DOCUMENT(S) SERVED: Amended Complaint and Jury Demand, Summons, and Notice and Acknowledgment of Receipt of Summons and Complaint 3. COURT: Montana Tenth Judicial District Court, County of Fergus Case Number DV-2004-8 4. NATURE OF ACTION: Plaintiffs seek to enjoin the pollution of Big Spring Creek and to recover damages for harm to their property allegedly caused by Defendants' negligence and nuisance. 5. ON WHOM PROCESS WAS SERVED: CT Corporation System, Helena, Montana 6. DATE AND HOUR OF SERVICE: By Regular mail on 03/09/2004 with Postmarked Date 03/08/2004 7. APPEARANCE OR ANSWER DUE: Return acknowledgment within 20 days; if acknowledgment not returned within 20 days documents will be served. 8. attorney(S): Torger S. Oaas Attorney at Law PO Box 76 Lewistown, MT 59457 9. remarks: Name discrepancy noted. `Service was made by mail under Rule 4D (1) (b) (i) of the Montana Rules of Civil Procedure. IMPORTANT: Please note the enclosed memorandum regarding Montana Service of Process by Mail, and the enclosed unsigned copies of Acknowledgement of Receipt of Summons. signed CT Corporation System per Supervisor of Process /SP address 40 West Lawrence Helena, MT 59601 SOP WS 0006133792 Information contained on this transmittal form is recorded for C T Corporation System's record keeping purposes only and to permit quick reference for the recipient. This information does not constitute a legal opinion as to the nature of action, the amount of damages, the answer date, or any information that can be obtained from the documents themselves. The recipient is responsible for interpreting the documents and for taking the appropriate action. HARTOLDMON0095723 C T CORPORATION SYSTEM IMPORTANT SERVICE OF PROCESS BY MAIL The enclosed process was served by mall on C T Corporation System, the regis tered agent for service of process for this corporation, pursuant to Rule 4D of the Montana Rules of Civil Procedure. Rule 4D (1) (b) (i) provides: [A summons and com plaint may be served] "by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment * * and a return envelope, postage prepaid, addressed to sender. * * *" The execution and return of the "Notice and Acknowledgment" is a matter for the consideration of counsel, and both copies of the "Notice and Acknowledgment" and the postage prepaid return envelope are enclosed. In this connection, please note that Rule 4D (1) (b) (ii) provides that "Unless good cause is shown for not doing so the court shall order the payment of the costB of the personal service by the person served if such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons." C T CORPORATION SYSTEM HARTOLDMON0095724 1 TORGER S. OAAS ATTORNEY AT LAW 2 Post Office Box 76 3 Lewistown, Montana 59457 (406) 538-2338 4 WILLIAM E. BERGER 5 ATTORNEY AT LAW 6 P.O. Box 506 Lewistown, Montana 59457 7 (406) 538-9272 8 Attorneys for Plaintiffs 9 JON OLDENBURG ATTORNEY AT LAW 505 West Main; Suite 309 Lewistown, Montana 59457 (406) 538-2242 CRAIG BUEHLER ATTORNEY AT LAW 505 West Main; Suite 210 Lewistown, Montana 59457 (406) 538-2466 10 MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNTY 11 121 MARTY PAULSON, WILLIAM J. 13 HAUGEN, HARRY FELTON, RAY ROBERTSON and WARD BURLEIGH 14 Individually and For Ail Persons 15 Similarly Situated, 16 Plaintiffs, 17 v. 18 MONSANTO CHEMICAL 19 COMPANY n/k/a PHARMACIA, 20 PHARMACIA, MONTANA DEPARTMENT OF FISH, WILDLIFE 21 & PARKS, and JOHN DOE PAINT COMPANIES and DISTRIBUTORS 22 I through X, 23 Defendants. 24 ) ) ) ) ) ) Cause No. DV-2004-8 ) ) ) ) ) ) ) ) ) ) ) ) ) 25 NOTICE AND ACKNOWLEDGEMENT OF 26 RECEIPT OF SUMMONS AND COMPLAINT l 7 8 HARTOLDMON0095725 1 TO: MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA 2 3 The enclosed summons and complaint are served pursuant to Rule 4D(l)(b) 4 of the Montana Rules of Civil Procedure. 5 You may complete the acknowledgment part of this form and return one 6 copy of the completed form to the sender within 20 days after the date it was mailed 7 8 to you as shown below. 9 If you decide to complete and return this form, you must sign and date the 10 acknowledgment. If you are served on behalf of a corporation, unincorporated 11 association (including a partnership), or other entity, you must indicate under your 12 13 signature your relationship to that entity. If you are served on behalf of another 14 person and you are authorized to receive process, you must indicate under your 15 signature your authority. 18 If you do not complete and return this form to the sender within 20 days after 17 18 the date it was mailed to you as shown below, you (or the party on whose behalf 19 you are being served) may be required to pay any expenses incurred in serving a 20 summons and complaint in any other manner permitted by law. 21 22 If you do complete and return this form you (or the party on whose behalf 23 you are being served) must answer the complaint within 20 days after the date of signature which you place on the acknowledgment below. If you fail to answer the complaint within the foregoing 20-day period, judgment by default will be taken 2 HARTOLDMON0095726 1 against you for the relief demanded in the complaint. 2 I declare, under penalty of peijury, that this Notice and Acknowledgment of 3 Receipt of Summons and Complaint will have been served on the 8th day of March, 4 2004. 5 6 TORGER S. OAAS 7 8 Date of Signature 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 7 8 HARTOLDMON0095727 1 MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNTY 2 3 MARTY PAULSON, WILLIAM J. HAUGEN, HARRY FELTON, RAY 4 ROBERTSON and WARD BURLEIGH Individually and For All Persons 5 Similarly Situated, 6 Plaintiffs, 7 8 v. 9 MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA, 10 PHARMACIA, MONTANA 11 DEPARTMENT OF FISH, WILDLIFE & PARKS, and JOHN DOE PAINT 12 COMPANIES and DISTRIBUTORS 13 I through X, 14 Defendants. 15 ) ) ) ) ) ) Cause No. DV-2004-8 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 16 ACKNOWLEDGMENT OF RECEIPT OF 17 SUMMONS AND COMPLAINT 18 19 I declare, under penalty of perjury, that I received a copy of the summons 20 and of the complaint in the above captioned matter at CT Corporation; P.O. Box 1166; Helena, MT 59624 on behalf of Monsanto Chemical Company n/k/a 21 Pharmacia. 22 23 Signature 24 Authority to Receive Service of Process 25 Date of Signature 26 4 >7 *8 HARTOLDMON0095728 MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNTY MARTY PAULSON, WILLIAM J. HAUGEN, HARRY FELTON, RAY ROBERTSON and WARD BURLEIGH Individually and For All Persons Similarly Situated, Plaintiffs, v. MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA, PHARMACIA, MONTANA DEPARTMENT OF FISH, WILDLIFE & PARKS, and JOHN DOE PAINT COMPANIES and DISTRIBUTORS I through X, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Cause No. DV-2004-8 SUMMONS THE STATE OF MONTANA SENDS GREETINGS TO: MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA You are hereby summoned to answer the Complaint in this action, which is filed in the Office of the Clerk of this Court, a copy of which is herewith served l HARTOLDMON0095729 upon you, and to file your answer and serve a copy thereof upon the Plaintiffs' attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, and in case of your failure to answer, judgment will be taken against you by default for the reliefprayed for in the Complaint. WITNESS my hand and seal ofthis Court, this Q day of March, 2004. (Seal) CLERK OF COURT By_________________ Deputy Clerk 2 HARTOLDMON0095730 1 TORGER S. OAAS ATTORNEY AT LAW 2 Post Office Box 76 3 Lewistown, Montana 59457 (406) 538-2338 4 JON OLDENBURG ATTORNEY AT LAW 505 West Main; Suite 309 Lewistown, Montana 59457 (406) 538-2242 5 WILLIAM E. BERGER ATTORNEY AT LAW 6 P.O. Box 506 Lewistown, Montana 59457 7 (406) 538-9272 CRAIG BUEHLER ATTORNEY AT LAW 505 West Main; Suite 210 Lewistown, Montana 59457 (406) 538-2466 8 Attorneys for Plaintiffs 9 Phyllis D. Smith 10 011 topHty Cleric MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNTY 12 13 MARTY PAULSON, WILLIAM J. 14 HAUGEN, HARRY FELTON, RAY 15 ROBERTSON and WARD BURLEIGH Individually and For All Persons 16 Similarly Situated, ) ) ) ) ) 17 Plaintiffs, ) Cause No. DV-2004-8 ) 18 v- 19 20 MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA, 21 PHARMACIA, MONTANA 22 DEPARTMENT OF FISH, WILDLIFE & PARKS, and JOHN DOE PAINT 23 COMPANIES and DISTRIBUTORS I through X, 24 25 Defendants. 26 ) ) ) ) AMENDED )COMPLAINT ) AND JURY DEMAND ) ) ) ) ) ) ) PLAINTIFFS, for themselves, and all other members of the class herein l HARTOLDMON0095731 1 described, would respectfully show to the Court: 2I 3 The named Plaintiffs are residents of the County of Fergus, State of 4 5 Montana. 6 II 7 Big Spring Creek is a stream originating approximately eight (8) miles 8 southeast of Lewistown, Montana. Big Spring Creek travels generally south to 9 10 north for approximately 25 miles where it empties into the Judith River. Big Spring 11 Creek is nature's treasured gift to Central Montana. It is a first class fishery and 12 provides a variety of recreational opportunities. It provides irrigation for 13 agricultural and domestic uses. Land that lies adjacent to or near Big Spring Creek 14 15 has value for these reasons. 16 ffl 17 This action is brought by Plaintiffs as a class action, on their own behalf and 18 on behalf of all others similarly situated, under the provisions of Rule 23 M. R. Civ. 19 20 P. 21 Defendant, Monsanto Chemical Company, now known as (n/k/a) Pharmacia 22 is a corporation organized under the laws of the State of Delaware. 23 Defendant Pharmacia is the successor company of Monsanto Chemical 24 25 Company. 26 Defendant Monsanto Chemical Company produced polychlorinated biphenyls 2 7 :a HARTOLDMON0095732 1 (PCB's) known as Aroclors. 2 Defendant Montana Department of Fish, Wildlife and Parks is an agency of 3 the State of Montana. This Defendant (and its predecessors) owns and operates the 4 Big Spring Creek Trout Hatchery located at the source of Big Spring Creek. 5 6 Defendant John Doe Paint Companies and Distributors I through X are 7 manufacturers and distributors of paints containing PCB's known as Aroclors. 8 Paint manufactured and distributed by these defendants was used to paint the 9 10 raceways of the Big Spring Creek Trout Hatchery. 11 IV 12 The class so represented by Plaintiffs in this action, and of which plaintiffs 13 are members, consists of all real property owners who own land adjacent to Big 14 15 Spring Creek and all owners and users of water rights in Big Spring Creek. 16 V 17 The class identified above is composed of more than 100 (One-Hundred) 18 members. The class is so numerous that joinder of individual members herein is 19 20 impracticable. 21 VI 22 The causes of action asserted by the class against all Defendants are as 23 follows: 24 25 a) The waters of Big Spring Creek have been polluted by Aroclors since 26 1960 and continue to be so polluted. The source of the pollution has been traced to 3 >7 i0 HARTOLDMON0095733 1 the paint on the raceways of Big Spring Creek Trout Hatchery. 2 Article II, Section 3 of the Montana Constitution provides that all citizens of 31 Montana, including the class identified here, have the inalienable right to a clean 4 and healthy environment. The pollution caused by Defendants violates this 5 6 provision of the Montana Constitution; 7 b) 8 nuisance; 9 10 c) The pollution described above constitutes a temporary or permanent The pollution described above as to Defendants Monsanto, Pharmacia 11 and John Doe Paint Companies is a nuisance per se; 12 d) The pollution described above as to Defendant Montana Department 13 of Fish, Wildlife and Parks is a qualified nuisance based upon the negligence of this 14 15 Defendant in the operation and maintenance of the Big Spring Creek Fish Hatchery. 16 e) Defendants should be permanently enjoined from polluting Big Spring 17 Creek. 18 f) All Defendants should be required to participate in a remediation and 19 20 cleanup of the PCB's contained in Brig Spring Creek according to Montana 21 pollution cleanup laws. 22 All class members have and will continue to suffer a diminution in property 23 values caused by said pollution and the stigma of owning land adjacent or near a 24 25 stream polluted by probable carcinogens. 26 All class members have suffered and will continue to suffer an increased risk 4 16 HARTOLDMON0095734 1 of cancer caused by this pollution. 2 vn 3 By the 1960's Defendant Monsanto had learned that PCB's were harmful to 4 the environment. From the 1960's until the present time, Monsanto fraudulently 5 6 concealed this information from its PCB customers and the eventual users and 7 consumers of products containing Aroclors. Had Monsanto taken reasonable and 8 necessary steps to warn its PCB customers and eventual users and consumers of 9 10 products containing Aroclors, of the harm to the environment caused by PCB's, the 11 pollution of Big Spring Creek could have been prevented. 12 VIII 13 There are common questions of law and fact in this action that relate to the 14 15 right of each member of the class; and the relief sought is common to the entire 16 class, namely the nature and extent of the damage to the property owned by the 17 class members and the type of harm suffered by the class members. 18 IX 19 20 The claims of Plaintiffs, who are representatives of the class herein, are 21 typical of the claims of the class, in that the claims of all members of the class, 22 including Plaintiffs, depends on the showing of the acts of omissions of Defendants 23 giving rise to the right of Plaintiffs to the relief sought herein. There is no conflict 24 25 as between any individual named Plaintiff and other members of the class with 26 respect to this action, or with respect to the claims for relief herein set forth. 5 HARTOLDMON0095735 1X 2 This action is properly maintained as a class action in that the prosecution of 5 separate actions by individual members of the class would create a risk of 4 inconsistent or varying adjudications with respect to individual members of the class 5 6 which would establish incompatible standards of conduct for the parties opposing 7 the class, 8 This action is properly maintained as a class action inasmuch as the object of 9 10 this action is the adjudication of claims, which do or may affect specific property 11 involved herein, all as more folly set forth above. This action is properly 12 maintained as a class action inasmuch as the questions of law and fact common to 13 the members of the class predominate over any questions affecting only individual 14 15 members, and a class action is superior to other available methods for the fair and 16 efficient adjudication of the controversy. 17 XI 18 Based upon the foregoing allegations, especially the allegations of paragraph 19 20 VII, the Defendants, excluding the Defendant Montana Department of Fish Wildlife 21 and Parks, are liable for punitive damages under Montana law. 22 Wherefore, Plaintiffs request for themselves and all other members of the 23 class that: 24 25 1. The rights of the class members to this action be adjudicated and 26 declared; '6 157 138 HARTOLDMON0095736 1 2. Defendants be permanently restrained and enjoined from polluting Big 2 Spring Creek; sl 3. Defendants be required to cleanup the PCB pollution in Big Spring 4 5 j Creek according to Montana law. 6 4. Plaintiffs class be awarded damages incident to the equitable relief 7 requested, in a sum exceeding the minimum jurisdictional limits of the court; and 8 5. 9 10 law. I 11 6. Plaintiffs' class be awarded punitive damages as allowed by Montana Plaintiffs have such other and further relief as the Court may deem 12 appropriate, including costs and expenses. 13 7. Plaintiffs demand trial by jury. 14 DATED this {( day of March, 2004. 15 16 17 tuyu 18 TORGER$AAS Attorney tor Plaintiff^ 19 20 E. BERGER 21 Attorney for Plaintiffs 22 23 JON OLDENBURG 24 Attorney for Plaintiffs 25 CRAIG BUEHLER 26 Attorney'fbrjPlaintiffs 7 HARTOLDMON0095737