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Civil Action No. 13cv005874 B Judge Craig ISCOE Calendar No. 14 Next Court Date: December 13, 2013 Initial Scheduling and Settlement Conf.

DEFENDANTS MOTION TO DISMISS PURSUANT TO D.C. SCR CIVIL RULES 12(b)(1) AND 12(b)(6) Defendants Capitol Petroleum Group, LLC, Anacostia Realty, LLC, and Springfield Petroleum Realty, LLC (the CPG Defendants), by and through their undersigned attorneys and pursuant to Rules 12(b)(1) and 12(b)(6) of the District of Columbia Superior Court Rules of Civil Procedure, hereby move the Court for an order dismissing this action on the grounds that plaintiff lacks the requisite standing to maintain this action and that plaintiff has failed to state a claim upon which relief can be granted. In support thereof, the Court is respectfully referred to the memorandum of points and authorities, and attachments thereto, filed by the CPG Defendants concurrently herewith. The undersigned counsel contacted plaintiffs counsel pursuant to SCR Rule 12-I(a). Counsel for the plaintiff does not consent to the relief sought by the CPG Defendants. ORAL HEARING REQUESTED /s/ Alphonse M. Alfano Alphonse M. Alfano (D.C. Bar No. 163555) Bassman, Mitchell & Alfano, Chartered 1707 L Street, NW, Suite 560 Washington, DC 20036 Tel: (202) 466-6502; Fax: (202) 331-7510 Email: Attorney for the CPG Defendants

CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 7th day of October, 2013 a true and accurate copy of the foregoing (i) Defendants Motion to Dismiss Pursuant to D.C. SCR Rules 12(b)(1) and 12(b)(6), with certification pursuant to D.C. SCR Rule 12-I(a); (ii) Memorandum in Support of Motion to Dismiss of Defendants Capitol Petroleum Group, Anacostia Petroleum Realty, LLC and Springfield Petroleum Realty, LLC; (iii) proposed order; and (iv) certificate of service were electronically filed with the Clerk of the Court and served via electronic means using the Courts electronic filing system and via U.S. Mail postage prepaid to: Irvin B. Nathan, Attorney General Ellen A. Efros, Deputy Attorney General Nicholas A. Bush, Assistant Attorney General Office of the Attorney General for the District of Columbia 441 Fourth Street, N.W., Suite 600-S Washington, D.C. 20001 Attorneys for the Plaintiff and David F. Smutny Christina G. Sarchio Ross C. Paolino Orrick, Herrington & Sutcliffe, LLC Columbia Center 1152 15th Street, N.W. Washington, D.C. 20005-1706 Attorneys for Defendant ExxonMobil Oil Corp. and pursuant to Court Administrative Order 06-17, a courtesy copy of the aforementioned papers was delivered to the Chambers of the Honorable Craig Iscoe via Federal Express at: The Honorable Craig Iscoe D.C. Superior Court Moultrie Building Judges Chambers Room 2430 500 Indiana Avenue, N.W. Washington, D.C. 20001 /s/ Alphonse M. Alfano Alphonse M. Alfano