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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION DISTRICT OF COLUMBIA, Plaintiff, v. EXXONMOBIL OIL CORP., et al. Defendants.

Civil Action No. 13-cv-005874B Judge Craig ISCOE (Calendar 14) Next Court Date: 12/13/13 Event: Initial Scheduling Conference

DEFENDANT EXXONMOBIL OIL CORP.S MOTION TO DISMISS Defendant ExxonMobil Oil Corp. (ExxonMobil) hereby moves to dismiss this case pursuant to Superior Court Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. In support of this Motion, ExxonMobil refers the Court to the accompanying Memorandum of Law, and Declaration of Ross C. Paolino. Pursuant to Superior Court Rule of Civil Procedure 12-I(a), ExxonMobil has contacted the Plaintiff and Plaintiff does not consent to the relief requested herein. Pursuant to Superior Court Rule of Civil Procedure 12-I(f), ExxonMobil requests a hearing on this Motion. WHEREFORE ExxonMobil respectfully requests the Court dismiss this action.

DATED: October 7, 2013

Respectfully submitted, By: By: /s/Christina G. Sarchio Christina G. Sarchio (D.C. Bar 456254) David F. Smutny (D.C. Bar 435714) Ross C. Paolino (D.C. Bar 1004366) Orrick, Herrington & Sutcliffe LLP Columbia Center 1152 15th Street, N.W.

Washington, D.C. 20005-1706 Telephone: (202) 339-8400 Facsimile: (202) 339-8500 E-mail: csarchio@orrick.com, dsmutny@orrick.com, rpaolino@orrick.com Attorneys for Defendant ExxonMobil Oil Corp.

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