STIPULATION AND ORDER: IT IS STIPULATED by and between, Chevron, Donziger, Hugo Gerardo Camacho Naranjo, Javier Piaguaje Payaguaje, Garr, and Kohn that Chevron may use a maximum of 150 Garr Documents ("Selected Garr Documents") and 300 Kohn Documents ("Selected Kohn Documents") that Chevron selects at its discretion in the above-captioned cases, and the arbitration currently pending in the Permanent Court of Arbitration (the Hague, Netherlands, under the U.S.-Ecuador Bilateral Investment Treaty, PCA Case No. 2009-23), and any action relating to Lago Agrio litigation (including proceedings under 28 U.S.C. § 1782) (collectively, "Related Litigations") in any respect, including but not limited to all depositions, court submissions, hearings, and trial, and Chevron shall not argue that such disclosure and use pursuant to this Stipulation and Order constitutes a waiver or subject matter waiver of any privilege or protection pursuant to Rule 502(d) of the Federal Rules of Evidence and such disclosure shall not constitute such a waiver; and IT IS FURTHER STIPULATED that any documents of the Selected Garr Documents and the Selected Kohn Documents shall be marked "Confidential" pursuant to the Protective Order in effect in this action (Dkt. 723); and IT IS FURTHER STIPULATED that Chevron may use the Selected Garr Documents and the Selected Kohn Documents for any purpose subject to the terms, conditions, and restrictions of the Protective Order in this action (Dkt. 723) and further subject to any objections to the relevance or admissibility of any document, all of which objections are expressly reserved (and the parties do not contest the authenticity of the Selected Garr Documents and the Selected Kohn Documents); as further set forth herein. (Signed by Judge Lewis A. Kaplan on 5/22/2013) (mro) (Entered: 05/22/2013)
STATUS REPORT. PLAINTIFF'S AND DEFENDANTS' JOINT STATUS REPORT REGARDING THE PRODUCTION OF GARR AND KOHN DOCUMENTS PURSUANT TO RULE 502(D) Document filed by Chevron Corporation.(Mastro, Randy) (Entered: 05/14/2013)
ORDER: In view of the parties' stipulation [DI 1126] and their report that they hope to complete the process and report to the Court by May 14, 2013, the date for production of documents fixed by the April 12, 2013 order in 11 Civ. 0691 (LAK) is further extended to and including May 17, 2013. (Signed by Judge Lewis A. Kaplan on 5/9/2013) (mro) (Entered: 05/09/2013)
STIPULATION AND ORDER: IT IS STIPULATED by and between, Chevron, Donziger, Hugo Gerardo Camacho Naranjo, Javier Piaguaje Payaguaje, Garr, and Kohn that, with respect to the documents held by Garr and Kohn responsive to Chevron's subpoenas served on them in the above-captioned actions for which a claim of privilege or work product protection has been asserted and the Court ruled has been waived, the documents shall be produced to Chevron, and Chevron shall not argue that such disclosure pursuant to this Stipulation constitutes a subject matter waiver of any privilege or protection pursuant to Rule 502(d) of the Federal Rules of Evidence; and IT IS FURTHER STIPULATED that production of these documents to Chevron pursuant to this Stipulation and Order shall not constitute a subject matter waiver of any privilege or protection as provided by Federal Rule of Evidence 502(d); and IT IS FURTHER STIPULATED that, following the production of these documents, Chevron shall review the documents, shall identify those for which it will continue to seek disclosure, and shall remove from Chevron's files (both electronic and hard-copy) and return (or discard) all copies of documents Chevron chooses not to continue to seek; IT IS FURTHER STIPULATED that, unless otherwise ordered by the Court, any documents disclosed to Chevron pursuant to this Stipulation and Order shall not be used in any manner in this or any other litigation other than to identify the subset of documents for which Chevron will continue to seek disclosure, in order to narrow the universe of documents remaining in dispute; as further set forth herein. (Signed by Judge Lewis A. Kaplan on 5/8/2013) (mro) (Entered: 05/09/2013)
ORDER: There is a motion pending in 10 MC 0002 to hold defendant Donziger in civil contempt on the ground that he failed to produce, pursuant to subpoena and court order, certain documents said to be in the personal possession or control of Laura Garr, who in turn is said to be under Donziger's practical control. Ms. Garr allegedly has declined to turn the documents over to Donziger for production pursuant to the subpoena and this Court's order. Represented in that regard by Donziger's counsel, she seeks to justify that position on the basis of protection of a claim of privilege or work product of the Lago Agrio Plaintiffs ("LAPs"). In addition, this Court on April 12, 2013 granted a motion in 11 Civ. 0691 to compel Ms. Garr and Joseph Kahn and his law firm (collectively, "Kohn") to produce documents pursuant to subpoenas served upon them in that action over claims of privilege and work product, also made on behalf of the LAPs. The documents that are the subject of that order insofar as it is directed to Ms. Garr appear to be the same as those implicated by the contempt motion in 10 MC 0002. The Court assumes that both Ms. Garr and Kohn have provided Chevron with privilege logs. It appears to the Court that the dispute regarding the Garr documents might well be resolved entirely, or at least narrowed, if counsel to Chevron were permitted to view the allegedly privileged documents without prejudice to the position Ms. Garr has asserted on behalf of the LAPs. The same may well be true with respect to the Kohn documents. It may well be, for example, that Chevron, having seen the documents, may conclude that it need not press its demands for some or all of them. The proposed procedure was employed to good effect during the recent evidentiary hearing in 11 Civ. 0691. Accordingly, counsel for all of the parties to these two matters shall meet and confer, on or before May 3, 2013 in order to explore these possibilities. They shall report to the Court by joint, non-argumentative letter and provide the Court with copies of any privilege logs that have been served on or before May 6, 2013. Should those concerned reach any helpful agreement, the Court would entertain an application for an appropriate Fed. R. Evid. 502(d) order. Further, the parties shall furnish the Court, on or before May 6, 2013, with a copy of each privilege log served with respect to the Garr and Kohn subpoenas so that the Court may make an informed judgment as to whether to conduct an in camera inspection of any documents as to which privilege or work product protection has been claimed. In the circumstances, the date for production of documents fixed by the April 12, 2013 order in 11 Civ. 0691 is extended to and including May 15, 2013. (Signed by Judge Lewis A. Kaplan on 4/25/2013) (mro) (Entered: 04/25/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 145 Order to Show Cause,,,,,,,, CHEVRON'S SUPPLEMENTAL MEMORANDUM OF LAW BY LEAVE OF COURT IN FURTHER SUPPORT OF ITS APPLICATION TO HOLD STEVEN DONZIGER IN CONTEMPT OF THIS COURT'S ORDERS TO PRODUCE ALL RESPONSIVE DOCUMENTS "FORTHWITH". Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 08/29/2011)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Randy M. Mastro dated 8/22/2011 re: Counsel for Chevron requests leave to respond to Steven Danziger's counsel's latest letter to the Court. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/25/2011) (ft) (Entered: 08/25/2011)
ORDER: In a letter dated August 16, 2011, counsel for Steven Donziger asserted that Chevron argued to the Special Master that Donziger was obliged to obtain from Mr. Woods and Ms. Garr certain documents and that the Special Master denied that application, ruling that privilege issues raised by those persons should be raised with Magistrate Judge Francis. As neither the papers relating to that application (for and against) nor any ruling by the Special Master appears to be of record in this case, Donziger shall file copies of those papers immediately. (Signed by Judge Lewis A. Kaplan on 8/22/2011) (jfe) (Entered: 08/22/2011)
ORDER Although the motion before the Court has been fully briefed, the Court will allow Donziger a final opportunity to respond to Chevron's August 12, 2011 submission. Any further submission by Donziger in opposition to the application shall be filed no later than August, 19, 2011. (Signed by Judge Lewis A. Kaplan on 8/16/11) (cd) (Entered: 08/16/2011)
Letter (with attached exhibits) addressed to Orders and Judgments from Randy M. Mastro dated July 20, 2011 re: We represent Petitioner Chevron Corporation ("Chevron") in the above-referenced action. Enclosed please find a Stipulation (with accompanying Exhibit) to be so-ordered by Judge Kaplan in connection with the above-referenced matter. We provide these documents in hard copy after being advised by the Clerk's Office that the enclosed Stipulation and Exhibit, which exceed twenty pages in length, must be hand-delivered rather than e-mailed. Document filed by Chevron Corporation.(arc) (Entered: 08/04/2011)
STIPULATION OF AUTHENTICITY. Petitioner Chevron Corporation, Respondent Steven Donziger, and Interested Parties, the Lago Agrio Plaintiffs, by and through their undersigned counsel, hereby stipulate and agree that the documents listed in Exhibit C to the Affidavit of Steven Donziger ("Exhibit C") are authentic pursuant to Rule 901 of the Federal Rules of Evidence and satisfy all of the requirements of that Rule. The Lago Agrio Plaintiffs and Steven Donziger accept and adopt Mr. Donziger's representation in paragraphs 5 and 6 of his July 18, 2011 affidavit (Exhibit 1 hereto) that the documents identified in Exhibit C are what they purport to be, were maintained on Mr. Donziger's computer hard drives, and were created, sent, or received by Mr. Donziger, by someone in his employ, or with his permission, in the ordinary course of Mr. Donziger's business and that of his law firm. This Stipulation is made for the purposes of any proceeding in which the authenticity of the documents listed in Exhibit C to the Affidavit of Steven Donziger may be at issue. (Signed by Judge Lewis A. Kaplan on 7/25/11) (djc) (Entered: 07/25/2011)
TRANSCRIPT of Proceedings re: Motion held on 1/13/2011 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (mbe) (Entered: 04/27/2011)
DECLARATION of Michael F. McGowen in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mastro, Randy) (Entered: 04/26/2011)
Costs Taxed as to 138 USCA Mandate, USCA Case Number 10-4341(L), 10-4405-(con). in the amount of $3256.25. Docketed as Judgment #11,0661 on 4/8/2011 in favor of Appellee Chevron Corporation against Lago Agrio Plaintiffs and Steven R. Donziger. (nd) (Entered: 04/08/2011)
Costs Taxed as to 138 USCA Mandate, USCA Case Number 10-4341(L), 10-4405-(con). in the amount of $3,084.85. Docketed as Judgment #11,0659 on 4/8/2011 in favor of Appellee Rodrigo Perez Pallares against Lago Agrio Plaintiffs and Steven R. Donziger. (nd) (Entered: 04/08/2011)
Costs Taxed as to 138 USCA Mandate, USCA Case Number 10-4341(L), 10-4405-(con). in the amount of $3,084.85. Docketed as Judgment #11,0660 on 4/8/2011 in favor of Appellee Ricardo Reis Veiga against Lago Agrio Plaintiffs and Steven R. Donziger. (nd) (Entered: 04/08/2011)
Letter addressed to Judge Lewis A. Kaplan from Randy Mastro dated 4/6/11 re: Patton Boggs hopes to avoid being sanctioned for its misconduct. Document filed by Chevron Corporation.(cd) (Entered: 04/07/2011)
NOTICE OF CHANGE OF ADDRESS by Robert David Kaplan on behalf of Steven R. Donziger. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, New York, New York, USA 10036-6516, 212-833-1100. (Kaplan, Robert) (Entered: 03/27/2011)
NOTICE OF CHANGE OF ADDRESS by Bruce Stephen Kaplan on behalf of Steven R. Donziger. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, New York, New York, USA 10036-6516, 212-833-1100. (Kaplan, Bruce) (Entered: 03/27/2011)
MANDATE of USCA (Certified Copy) as to 128 Notice of Appeal filed by The Republic of Ecuador USCA Case Number 10-4850....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/09/2011. (nd)
186
Filed: 2/17/2011, Entered: 2/17/2011
Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 181 MOTION for Emery Celli Brinckerhoff & Abady LLP to Withdraw as Attorney.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Certificate of Service)(Wohl, Frank)
Letter addressed to Judge Lewis A. Kaplan from Cristobal Bontifaz dated 1/28/2011 re: I wish to bring to your attention that today January 28, 2011 is the first time I become aware that such a document existed. (jmi)
Letter addressed to Judge Lewis A. Kaplan from Cristobal Bonifaz dated 1/28/2011 re: My entire file compromising my history of representation of the Ecuadorian plaintiffs was released on January 24, 2011 and made accessible through a printing company to all attorneys in the Aguinda and Lago Agrio litigations in response to In re Application of Chevron, et. al. No. 10mc30022 and 10mc30023 Western District of Massachusetts. (jpo)
DECLARATION of Randy M. Mastro in Opposition re: 181 MOTION for Emery Celli Brinckerhoff & Abady LLP to Withdraw as Attorney.. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Mastro, Randy)
RESPONSE to Motion re: 181 MOTION for Emery Celli Brinckerhoff & Abady LLP to Withdraw as Attorney.. Document filed by Chevron Corporation. (Mastro, Randy)
181
Filed: 2/7/2011, Entered: 2/7/2011
Motion to withdraw as attorney
MOTION for Emery Celli Brinckerhoff & Abady LLP to Withdraw as Attorney. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jonathan S. Abady)(Abady, Jonathan)
REPLY MEMORANDUM OF LAW In Opposition To Chevron's Order to Show Cause to Disqualify Emery. Document filed by Emery Celli Brinckerhoff & Abady LLP. (Attachments: # 1 Certificate of Service)(Wohl, Frank)
DECLARATION of Jonathan S. Abady in Opposition re: 145 Order to Show Cause,,,,,,,,. Document filed by Emery Celli Brinckerhoff & Abady LLP. (Wohl, Frank)
DECLARATION of Michael F. McGowan in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mastro, Randy) (Entered: 02/01/2011)
DECLARATION of Kristen L. Hendricks in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A to I, # 2 Exhibit J, # 3 Exhibit K to R, # 4 Exhibit S to Y)(Mastro, Randy) (Entered: 02/01/2011)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Frank H. Wohl dated 1/25/2011 re: Counsel request an opportunity to file, by surreply due on 2/1/11, papers in response to the letter dated 1/21/11 and Chevron's second reply memorandum of law in support of its application for the imposition of sanctions Emery Celli Brinckerhoff & Abady firm. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 1/28/2011) (jfe) (Entered: 01/28/2011)
ORDER. Part of what remains pending before me by virtue of a recent motion by Chevron Corporation ("Chevron"), joined by Rodrigo Perez Pallares and Ricardo Reis Veiga (the "Individual Petitioners"), is the application to require production by Donziger of mirror images of his hard drives for forensic inspection by Chevron and the Individual Petitioners. At this point, Donziger has had a full opportunity to be heard on the issue, which is ripe for decision. Several observations are appropriate. There is reason to believe that Donziger has not complied full and promptly with the subpoenas served upon him and with this Court's orders that he do so. In all the circumstances, including the substantial basis for concluding that electronic "documents" have been erased and searches of electronic files have been inadequate, grudging and delayed, so much of the motion as seeks an order requiring production of images of computer hard drives in Donziger's possession, custody or control is granted. Such images shall be produced forthwith. (Signed by Judge Lewis A. Kaplan on 1/21/11) (djc) (Entered: 01/24/2011)
DECLARATION of Michael F. McGowan in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A)(Mastro, Randy) (Entered: 01/24/2011)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Randy M. Mastro dated 1/21/11 re: counsel writes concerning the portion of Chevron's January 10, 2011 motion that seeks sanctions against Emery Celli Brinckerhoff & Abady LLP, Motley Rice LLC, and Patton Boggs LLP (collectively, the "U.S. firms"), including barring them from future appearances in this case. The U.S. firms filed their opposition briefs late Wednesday night. Chevron requests the opportunity to reply by Monday, January 24, with a hearing as soon as possible thereafter. ENDORSEMENT: Chevron may reply by 1/24/11. (Signed by Judge Lewis A. Kaplan on 1/21/11) (djc) (Entered: 01/21/2011)
NOTICE OF APPEARANCE by Frank H. Wohl on behalf of Emery Celli Brinckerhoff & Abady LLP (Attachments: # 1 Certificate of Service)(Wohl, Frank) (Entered: 01/20/2011)
RESPONSE TO ORDER TO SHOW CAUSE re: 145 Order to Show Cause,,,,,,,,. Document filed by Motley Rice LLC. (Attachments: # 1 Affidavit of Pablo Fajardo Mendoza, # 2 Exhibit 1, # 3 Exhibit 2 part 1, # 4 Exhibit 2 part 2, # 5 Exhibit 2 part 3, # 6 Exhibit 2 part 4)(Narwold, William) (Entered: 01/19/2011)
RESPONSE TO ORDER TO SHOW CAUSE re: 145 Order to Show Cause,,,,,,,,. Document filed by Emery Celli Brinckerhoff & Abady LLP. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6 Part 1, # 7 Exhibit Exhibit 6 Part II, # 8 Exhibit Exhibit 6 Part III, # 9 Exhibit Exhibit 7 Part 1, # 10 Exhibit Exhibit 7 Part II, # 11 Exhibit Exhibit 7 Part III, # 12 Exhibit Exhibit 7 Part IV)(Maazel, Ilann) (Entered: 01/19/2011)
AFFIDAVIT of Pablo Fajardo Mendoza in Opposition re: 145 Order to Show Cause,,,,,,,,. Document filed by Patton Boggs LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 part 1, # 3 Exhibit 2 part 2, # 4 Exhibit 2 part 3, # 5 Exhibit 2 part 4)(Young, S. Alyssa) (Entered: 01/19/2011)
RESPONSE TO ORDER TO SHOW CAUSE re: 145 Order to Show Cause,,,,,,,,. Document filed by Emery Celli Brinckerhoff & Abady LLP. (Maazel, Ilann) (Entered: 01/19/2011)
MEMO ENDORSEMENT ON MOTION TO ADMIT COUNSEL PRO HAC VICE. ENDORSEMENT: Granted. SO ORDERED. Catherine Chesney Grieve is admitted pro hac vice. (Signed by Judge Lewis A. Kaplan on 1/13/2011) (lnl) (Entered: 01/13/2011)
ORDER: In view of the difficulties encountered with respect to compliance with the subpoenas and the Court's orders, the Court hereby expands the scope of the reference to Special Master Max Gitter, Esq., to assisting the Court with respect to any further disputes with respect to compliance. He is charged with hearing and ruling, subject to review by this Court, on all matters pertaining to compliance with the subpoenas and compliance with the Court's orders with respect thereto save contempt and sanctions applications and the question of mirroring the hard drives on which the Court has reserved decision. The Special Master is specifically empowered to require production for in camera review by him of any documents identified by searches of electronically stored information in Donziger's possession, custody or control that Donziger declines to produce and to determine whether production of such documents is required by the subpoenas and this Court's orders. (See ORDER as set forth) (Signed by Judge Lewis A. Kaplan on 1/13/2011) (lnl) (Entered: 01/13/2011)
ORDER (CORRECTED), the application for additional time and for an adjournment is denied except that the time within which to respond to so much of the motion as seeks sanctions against the law firms representing the Lago Agrio plaintiffs (but not as seeks a contempt adjudication with respect to Donziger) is extended to January 19, 2011. The Court will consider whether additional time should be extended with respect to other particular issues on January 13, 2011. SO ORDERED. (See ORDER as set forth) (Signed by Judge Lewis A. Kaplan, Dated: January 11, 2011; Corrected: January 13, 2011) (lnl) (Entered: 01/13/2011)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from James K. Leader, dated 1/11/2011, re: I submit this letter to Your Honor now in order to comply with Your Honor's Individual Practices. We respectfully request that our time to respond be extended until Wednesday, January 19. In the event that Your Honor denies our motion for a one-week extension, we would nonetheless appreciate a re-scheduling of the argument date from Thursday, January 13, 2011, at 2:30 pm to January 21, as I have a pre-existing commitment to be out of New York City on January 13, 2011, and my client has asked me to argue the Order to Show Cause personally. I appreciate any consideration Your Honor can afford. We have contacted counsel for Chevron, who does not consent to this request. ENDORSEMENT: This application is moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/13/2011) (lnl) (Entered: 01/13/2011)
DECLARATION of Randy M. Mastro in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit 60, # 2 Exhibit 61, # 3 Exhibit 62, # 4 Exhibit 63)(Mastro, Randy) (Entered: 01/13/2011)
DECLARATION of Andrew M. Woods re: 153 Response, Response to Order to Show Cause. Document filed by Steven R. Donziger. (Kaplan, Bruce) (Entered: 01/12/2011)
RESPONSE re: 145 Order to Show Cause,,,,,,,,., RESPONSE TO ORDER TO SHOW CAUSE. Document filed by Steven R. Donziger. (Kaplan, Bruce) (Entered: 01/12/2011)
ORDER, the application for additional time and for an adjournment is denied except that the time within which to respond to so much of the motion as seeks sanctions against the law firms representing the Lago Agrio plaintiffs (but not as seeks a contempt adjudication with respect to Danziger) is extended to January 19, 2013. The Court will consider whether additional time should be extended with respect to other particular issues on January 13, 2011. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/11/2011) (See ORDER as set forth) (lnl) (Entered: 01/11/2011)
ORDER: The Court has reviewed the portions of the transcript cited by the Special Master. While it does not now rule on the propriety of the conduct of Mr. Donziger or counsel in those passages, it is appropriate to make clear the manner in which the deposition is to be continued. 1. Mr. Donziger shall respond to questions put to him directly and fully and without any unresponsive statements, efforts to argue his position, explanation not called for by the questions, evasion, self-serving statements, or criticism of the questions or the questioner. He shall comply with all directions of the Special Master. 2. During the examination, counsel other than the examining attorney may object to questions as to form, in which case the appropriate means of doing so is by stating "objection as to form," and on the ground that the question calls for privileged information, in which case the appropriate means of doing so is by stating "objection - privilege." In the case of objections as to form, no explanation or argument shall be made unless requested by the examining attorney or permitted by the Special Master. The Special Master shall hear any privilege objections only at such times as he determines appropriate.3. Attention is invited to the fact that "[t]estimonal obduracy by a witness...may take any of a number of forms," including unresponsive and evasive answers, and that "[a]ny may be met with... judicial or governmental sanctions." In re Weiss, 703 F.2d 653, 662 (2d Cir. 1983); see also United States v. Appel, 211 F. 495 (S.D.N.Y. 1913) (L. Hand, J.). The Special Master is hereby authorized to recommend to the Court the imposition of sanctions, including civil or criminal contempt, should he consider it appropriate. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/27/2010) (lnl) (Entered: 01/11/2011)
DECLARATION of Michael F. McGowen in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A)(Mastro, Randy) (Entered: 01/10/2011)
DECLARATION of Alexander H. Southwell in Support re: 145 Order to Show Cause,,,,,,,,. Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 01/10/2011)
ORDER TO SHOW CAUSE WHY (1) STEVEN DONZIGER SHOULD NOT BE HELD IN CONTEMPT OF THIS COURT'S ORDERS TO PRODUCE ALL RESPONSIVE DOCUMENTS "FORTHWITH"; (2) DONZIGER SHOULD NOT BE COMPELLED TO PRODUCE FORTHWITH MIRROR IMAGES OF HIS HARD DRIVES FOR INSPECTION BY A DIGITAL FORENSICS EXPERT; (3) DONZIGER SHOULD NOT BE COMPELLED TO USE SPECIFIC SEARCH TERMS PROPOSED BY CHEVRON TO IDENTIFY RESPONSIVE DOCUMENTS; (4) DONZIGER SHOULD NOT BE COMPELLED TO AUTHORIZE THE PROVIDERS OF DONZIGER'S YAHOO! AND "SRDLEGAL.COM" E-MAIL ACCOUNTS TO DISCLOSE DONZIGER'S E-MAILS TO CHEVRON; AND (5) THE EMERY CELLI, MOTLEY RICE, AND PATTON BOGGS LAW FIRMS SHOULD NOT BE SANCTIONED FOR PURPORTING TO REPRESENT THE "LAGO AGRIO PLAINTIFFS" WITHOUT PROPER AUTHORIZATION : It is hereby ordered that Respondent Steven Donzinger and the U.S. Firms must show cause before this Court on 1/13/2011 at 02:30 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan, why an order should not be made (1) holding Donziger in contempt of this Court's orders to produce all responsive documents "forthwith" and imposing all appropriate sanctions on him; (2) compelling Donziger to produce forthwith a mirror image of his hard drives for inspection by a digital forensics expert; (3) compelling searches of Donziger's documents using the exact search terms Chevron specified in the 12/14/2010 Search List to identify responsive documents, with the results provided to Chevron; (4) compelling Donziger to authorize his e-mail service providers to disclose his e-mails to Chevron pursuant to subpoenas; and (5) sanctioning Emery Celli Brinckerhoff & Abady LLP, Motley Rice LLC, and Patton Boggs LLP-including by barring them from future appearances in this proceeding-for purporting to represent the plaintiffs when they are not authorized to do so. Show Cause Response due by 1/12/2011.Reply papers shall be served and filed electronically on before 10:00 am on Wednesday 13, 2011. (Signed by Judge Lewis A. Kaplan on 1/10/2011) (jpo) Modified on 1/10/2011 (jpo). (Entered: 01/10/2011)
MANDATE of USCA (Certified Copy) as to 90 Notice of Appeal filed by Lago Agrio Plaintiffs, 91 Notice of Appeal filed by Steven R. Donziger, 129 Amended Notice of Appeal filed by Steven R. Donziger, 127 Amended Notice of Appeal filed by Lago Agrio Plaintiffs USCA Case Number 10-4341-cv, 10-4405-cv(con). Ordered, Adjudged and Decreed that the orders of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/15/2010. (nd) Modified on 12/15/2010 (nd). (Entered: 12/15/2010)
MEMORANDUM OF LAW in Support of Steven Donziger and Ecuadorian Plaintiffs' Joint Emergency Motion for Stay Pending Appeal. Document filed by Steven R. Donziger and the Ecuadorian Plaintiffs. (djc) (Entered: 12/14/2010)
Letter addressed to Judge Lewis A. Kaplan from C. MacNeil Mitchell dated 11/30/2010 re: We ask that Your Honor stay your order denying the Republic's motion to intervene and granting Chevron's and the Individual Plaintiffs'motion to compel pending our opportunity to seek a stay from the Court of Appeals. Document filed by Chevron Corporation.(jmi) (jmi). (Entered: 12/09/2010)
135
Filed: 12/3/2010, Entered: 12/3/2010
Order
ORDER. The motion for a stay pending appeals is denied. (Signed by Judge Lewis A. Kaplan on 12/3/10) (rjm) (Entered: 12/03/2010)
RESPONSE re: 126 Order to Show Cause,,,. Document filed by Rodrigo Perez Pallares, Ricardo Reis Veiga. (Attachments: # 1 Exhibit 1)(Dans, Paul) (Entered: 12/02/2010)
ORDER; The memorandum opinion (corrected) dated as of November 29, 2010 and dated November 30, 2010 is corrected as follows: 1. Page 19, sixth line: change "wishing to more time" to "wishing to have more time". 2. Page 29, twelfth line: change "lapse" to "elapse". (Signed by Judge Lewis A. Kaplan on 12/2/10) (pl) (Entered: 12/02/2010)
AMENDED NOTICE OF APPEAL re: 91 Notice of Appeal, 101 Opinion (corrected), 124 Memorandum Opinion (corrected), 86 Memorandum and Order. Document filed by Steven R. Donziger. (nd) (Entered: 12/01/2010)
NOTICE OF APPEAL from 123 Memorandum & Opinion. Document filed by The Republic of Ecuador. Filing fee $ 455.00, receipt number E 922560. (nd) (Entered: 12/01/2010)
ORDER TO SHOW CAUSE Petitioners shall show cause as to why why an order should not be issued staying this Court's Order entered on November 29, 20910 pending appeal to the United States Court of Appeals for the Second Circuit, and granting such other relief as this Court deems just and proper. service of a copy of this Order and the papers upon which it is based shall be made upon the following individuals by electronic and overnight mail no later than 3 p.m. on November 30, 2010. Petitioners shall file with the Court and serve answering papers, if any, by electronic and overnight mail upon Ilann M. Maazel, Esq. Emery Celli Brinckerhoff & Abady LLP, 75 Rockefeller Plaza, 20th floor, New York, NY 10-019. no later than 2 p.m. on Dec. 2, 2010. Show Cause Hearing set for 12/3/2010 at 09:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 11/30/10) (djc) (Entered: 11/30/2010)
ORDER As indicated above, the Individual Petitioners clearly are faced with an immediate threat of irreparable injury if any stay, even the interim stay sought at the moment, were granted. For them, every second counts. Chevron too is threatened with irreparable injury in that event, although the immediacy of that threat over the next days is less clear. On the other hand, the applicants too face some risk of irreparable injury if a stay were denied and they ultimately were to prevail, although the extent of that injury has been overblown substantially and is not well supported. In these circumstances, the applicants lack of a strong likelihood of success on appeal, especially coupled with the threat of irreparable injury to the Individual Petitioners, is compelling. The motion for interim relief pending the briefing and determination of the motion for a stay brought on by the order to show cause, which the Court will sign, is denied. The motion will be heard on an expedited basis. The inequitable conduct of the applicants is unnecessary to but reinforces this conclusion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/30/2010) (jmi) (Entered: 11/30/2010)
MEMORANDUM OPINION (Corrected) #99684. For the foregoing reasons, (1) The motion for reconsideration of the waiver ruling in the Summary Order, which was withdraw in form but not in substance, is granted. On reconsideration, the Court adheresto its prior ruling. (2) The motions of Chevron and the Individual Petitioners [DI 105, 110] are granted. Donziger shall produce each and every document responsive to the subpoenas (irrespective of whether any privilege or other protection against disclosure has been or hereafter is or may be claimed) forthwith. (3) The motion of The Republic of Ecuador to intervene is denied. This Court will make itself available promptly to hear any application for a stay, whether pending appeal or otherwise, but the obligation to comply with this and prior orders remains in effect unless and until this or a higher court otherwise orders. The foregoing constitute the Courts findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/30/10) (djc) Modified on 11/30/2010 (ajc). (Entered: 11/30/2010)
MEMORANDUM OPINION: #99684 The motion for reconsideration of the waiver ruling in the Summary Order, which was withdraw in form but not in substance, is granted. On reconsideration, the Court adheres to its prior ruling. The motions of Chevron and the Individual Petitioners [DI 105, 110] are granted. Donziger shall produce each and every document responsive to the subpoenas (irrespective of whether any privilege or other protection against disclosure has been or hereafter is or may be claimed) forthwith. The motion of The Republic of Ecuador to intervene is denied. This Court will make itself available promptly to hear any application for a stay, whether pending appeal or otherwise, but the obligation to comply with this and prior orders remains in effect unless and until this or a higher court otherwise orders. The foregoing constitute the Courts findings of fact and conclusions of law. (Signed by Judge Lewis A. Kaplan on 11/29/2010) (jpo) Modified on 11/30/2010 (ajc). (Entered: 11/29/2010)
ORDER (This Document Applies to: ALL CASES), The argument of the motion brought on by the order to show cause shall commence on November 22, 2010 at 2 p.m. rather than 11 a.m. ( Oral Argument set for 11/22/2010 at 02:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/19/2010) (ae) (Entered: 11/19/2010)
ORDER (This Document Applies to: ALL CASES), The application of the Lago Agrio plaintiffs for an extension within which to oppose Chevron's motion, which the Court received only a short time ago, is denied. The Court notes that Mr. Donziger already has responded to the motion within the allotted time and that the Republic of Ecuador has moved to intervene and partially opposed the motion. (Signed by Judge Lewis A. Kaplan on 11/19/2010) (ae) (Entered: 11/19/2010)
DECLARATION of Eric W. Bloom in Opposition re: 105 Order to Show Cause,,,. Document filed by The Republic of Ecuador. (Mitchell, Charles) (Entered: 11/19/2010)
OPPOSITION BRIEF re: 105 Order to Show Cause,,,. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit unofficial transcript)(Maazel, Ilann) (Entered: 11/19/2010)
Letter addressed to Ruby J. Krajick, Clerk of Court from Michael D. Goldhaber, Esq., undated re: Senior International Correspondent for The American Lawyer magazine and the ALM Media group requests that the Court arrange for them to obtain copies of the following public documents that have been filed in electronic format in the above case (in the form of approximately ten discs), comprising outtakes from the file Crude as outlined herein (djc) Modified on 11/22/2010 (djc). Modified on 11/22/2010 (djc). (Entered: 11/18/2010)
JOINDER to join re: 108 Memorandum of Law in Support, 105 Order to Show Cause,,,. Document filed by Rodrigo Perez Pallares, Ricardo Reis Veiga.(Dans, Paul) (Entered: 11/17/2010)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Bruce S. Kaplan dated 11/15/2010 re: Counsel for Respondent Steven R. Donziger requests to w/draw his motion for reconsideration. ENDORSEMENT: So Ordered. (Signed by Judge Lewis A. Kaplan on 11/17/2010) (ae) (Entered: 11/17/2010)
ORDER TO SHOW CAUSE WHY STEVEN DONZIGER SHOULD NOT BE COMPELLED TO PRODUCE FORTHWITH ALL DOCUMENTS RESPONSIVE TO CHEVRON'S SUBPOENA, INCLUDING ALL DOCUMENTS ON HIS PRIVILEGE LOG ON WAIVER GROUNDS filed by Chevron Corporation. (This Document Applies to: ALL CASES) Plaintiff shall show cause as to why an order should not be made compelling Respondent Steven Donziger to produce forthwith all documents responsive to Chevron's subpoena, and that this order should not be construed to imply that Donziger is not already in violation of a previous order that required the production forthwith of all documents responsive to the subpoena. Show Cause Hearing set for 11/22/2010 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. Show Cause Response due by 11/19/2010. (Signed by Judge Lewis A. Kaplan on 11/17/2010) (ae) Modified on 11/17/2010 (ae). (Entered: 11/17/2010)
Letter addressed to Judge Lewis A. Kaplan from Bruce S. Kaplan dated 9/29/10 re: counsel writes in response to the request by various media organizations on September 20 and 21, 2010 to copy certain DVDs in the Court file. Mr. Donziger does not object to this request. Document filed by Steven R. Donziger.(djc) (Entered: 11/16/2010)
Letter addressed to Judge Lewis A. Kaplan from Hann M. Maazel dated 9/29/10 re: counsel represents the Ecuadorian Plaintiffs and on September 20 and 21, 2010, various media organizations requested permission to copy certain DVDs in the court file. Plaintiffs take no position as to these requests. Document filed by Lago Agrio Plaintiffs.(djc) (Entered: 11/16/2010)
ORDER of USCA (Certified Copy) as to 90 Notice of Appeal filed by Lago Agrio Plaintiffs, 91 Notice of Appeal filed by Steven R. Donziger USCA Case Number 10-4341-cv(L), 10-4405-cv(con). Appellants, through counsel, move for a stay, pending appeal, of the District Court's order granting the Appellees' applications for discovery for use in foreign proceedings pursuant to 28 U.S.C. 1782. Upon due consideration, it is hereby ORDERED that the motion is DENIED. Accordingly, the temporary stay of the District Court's order October 20, 2010 order is VACATED. It is further ORDERED that Appellants' motion to expedite the appeal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/15/2010. (nd) (Entered: 11/16/2010)
OPINION (CORRECTED): #99633 This Document applies to ALL CASES. For the foregoing reasons, as well as those set forth in the Courts prior ruling, the motions to quash the subpoenas were denied in the exercise of the Courts discretion. (Signed by Judge Lewis A. Kaplan on 11/4/2010, Corrected 11/10/2010) (jfe) Modified on 11/15/2010 (ajc). (Entered: 11/10/2010)
ORDER. The opinion filed on November 5, 2010 did not resolve the pending motion by respondent Donziger for reconsideration of an aspect of the order dated October 20, 2010. In view of the fact that appeals are pending from that order, it is not entirely clear that this Court properly may decide the motion for reconsideration at this time. See, e.g., Griggs v. Provident ConsumerDiscount Co., 459 U.S. 56,58 (1982); United States v. Rodgers, 101 F.3d 247, 251 (2d Cir.1996). The Court, however, naturally would decide the motion once the appeals are concluded. (Signed by Judge Lewis A. Kaplan on 11/8/10) (djc) (Entered: 11/08/2010)
OPINION: #99633 For the foregoing reasons, as well as those set forth in the Court's prior ruling, the motions to quash the subpoenas were denied in the exercise of the Court's discretion. So Ordered. (Signed by Judge Lewis A. Kaplan on 11/4/2010) (js) Modified on 11/8/2010 (ajc). (Entered: 11/05/2010)
ORDER of USCA (Certified Copy) as to 90 Notice of Appeal filed by Lago Agrio Plaintiffs USCA Case Number 10-4341. IT IS HEREBY ORDERED that the temporary stay of the district court's order dated October 20, 2010 shall remain in place until the Appellants' motion for stay pending appeal is dertmined by a three-judge panel in due course. Chevron's motion for judicial notice of the court orders from a related foreign proceeding is REFERRED to the panel who will determine the motion for stay pending appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/29/2010. (nd) (Entered: 10/29/2010)
ORDER of USCA (Certified Copy) as to 90 Notice of Appeal filed by Lago Agrio Plaintiffs USCA Case Number 10-4341. IT IS HEREBY ORDERED that the district court's order dated October 20, 2010 is temporarily stayed until noon on Friday, October 29, 2010, subject to further consideration. Appellees are directed to filed their response to the Appellant's emergency motion for a stay pending appeal by 10 a.m. on Thursday, October 28, 2010. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/27/2010. (nd) (Entered: 10/28/2010)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Ellen London dated 10/25/2010, re: Attorney Ellen London requests to be removed from the docket sheet and all service lists in this action. ENDORSEMENT: Granted. Attorney Ellen Melissa London terminated. (Signed by Judge Lewis A. Kaplan on 10/27/2010) (lnl) (Entered: 10/27/2010)
NOTICE OF APPEAL from 86 Memorandum and Order. Document filed by Steven R. Donziger. Filing fee $ 455.00, receipt number E 919004. (nd) (Entered: 10/27/2010)
NOTICE OF APPEAL from 86 Memorandum and Order. Document filed by Lago Agrio Plaintiffs. Filing fee $ 455.00, receipt number E 918949. (nd) (Entered: 10/26/2010)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Randy M. Mastro dated 10/13/10 re: We represent Petitioner Chevron Corporation in the above-referenced action. We write to request permission to re-file with the Court certain discs submitted as exhibits in this action. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lewis A. Kaplan on 10/13/10) (rjm) (Entered: 10/20/2010)
MEMORANDUM AND ORDER. The motions of Donziger and the Lago Agrio plaintiffs to quash the subpoenas to Donziger are denied. Donziger shall comply with them forthwith. The Court hereby appoints Max Gitter, Esq. as special master to preside over the deposition. The special master shall rule on objections and make such findings of fact and conclusions of law as may be appropriate to that end. The special master is authorized to direct the witness to answer questions. In the event that the special master directs a witness to answer a question as to which privilege is claimed and the objector wishes to seek review from this Court, the question need not be answered pending this Court's ruling, provided review is sought by motion to this Court within 48 hours of the special masters ruling. This Court's review of privilege rulings by the special master and the facts upon which they are based shall be de novo. The fees and disbursements of the special master shall be born one-third by Chevron, one-third by the Individual Petitioners, and one-third by Donziger unless otherwise ordered. denying 23 Motion to Quash; denying 27 Motion to Quash. (Signed by Judge Lewis A. Kaplan on 10/20/10) (rjm) (Entered: 10/20/2010)
DECLARATION of Paul E. Dans re: 2 Order,. Document filed by Rodrigo Perez Pallares, Ricardo Reis Veiga. (Attachments: # 1 Exhibit 19)(Dans, Paul) (Entered: 10/08/2010)
MEMORANDUM OF LAW in Support re: 2 Order, Memorandum of Law in Support of Ex Parte Application for an Order Pursuant to 18 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding. Document filed by Rodrigo Perez Pallares, Ricardo Reis Veiga. (Attachments: # 1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding)(Dans, Paul) (Entered: 10/08/2010)
Attachment 1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct
ORDER. Reporters with Thomson Reuters and with The American Lawyer magazine and ALM Media have requested copies to a total of approximately ten compact disks filed as Exhibit A to a declaration of Kristen Hendricks [DI 14 - 10 MC 0002]; Exhibits A and D to another declaration of Ms. Henricks [DI 41 - 10 MC 0002]; and Exhibits 1 and 2 to the declaration of Paul E. Dans [DI 40 - 10 MC 0002]. The parties have no objection to the requests. The Clerk shall provide copies of these disks to the requesters and any member of the public who requests copies of the same disks upon payment of the reasonable cost of duplication and blank media. Relates to All Cases. (Signed by Judge Lewis A. Kaplan on 10/7/10) (rjm) (Entered: 10/07/2010)
MEMORANDUM OF LAW in Support re: 78 MOTION to Supplement the Record to Correct an Erroneous and Incomplete Translation.. Document filed by Lago Agrio Plaintiffs. (Maazel, Ilann) (Entered: 10/04/2010)
DECLARATION of Ilann M. Maazel in Support re: 78 MOTION to Supplement the Record to Correct an Erroneous and Incomplete Translation.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 69 to Declaration of Ilann M. Maazel, # 2 Exhibit 70 to Declaration of Ilann M. Maazel)(Maazel, Ilann) (Entered: 10/04/2010)
MOTION to Supplement the Record to Correct an Erroneous and Incomplete Translation. Document filed by Lago Agrio Plaintiffs.(Maazel, Ilann) (Entered: 10/04/2010)
REPLY MEMORANDUM OF LAW in Support re: 73 MOTION to Supplement the Record to Correct Erroneous and Incomplete Translation by Chevron.. Document filed by Lago Agrio Plaintiffs. (Maazel, Ilann) (Entered: 09/30/2010)
MEMO ENDORSEMENT on re: 72 Motion for Andres Rivero to Appear Pro Hac Vice. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/28/2010) (jfe) (Entered: 09/29/2010)
MEMO ENDORSEMENT on re: 71 Motion for Jorge A. Mestre to Appear Pro Hac Vice. ENDORSEMENT Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/28/2010) (jfe) (Entered: 09/29/2010)
RESPONSE to Motion re: 73 MOTION to Supplement the Record to Correct Erroneous and Incomplete Translation by Chevron.. Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 09/29/2010)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Supplement the Record to Correct Erroneous and Incomplete Translation by Chevron. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Memorandum of Law in Support of Motion to Supplement the Record, # 2 Declaration of Ilann M. Maazel with Exhibits 69 and 70 in Support of Motion to Supplement the Record)(Maazel, Ilann) Modified on 10/1/2010 (db). (Entered: 09/28/2010)
MEMO ENDORSEMENT on re: 60 Order to Show Cause. Chevron's motion to supplement the record [DI 60] is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/22/10) (jmi) (Entered: 09/23/2010)
MEMO ENDORSED granting 49 Motion for William E. Thomson to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 09/22/2010) (jmi) (Entered: 09/23/2010)
MEMO ENDORSED granting 51 Motion to Withdraw as Attorney Attorney Kevin Taylor Baine terminated. SO ORDERED (Signed by Judge Lewis A. Kaplan on 9/22/10) (jmi) (Entered: 09/23/2010)
NOTICE of Request for Judicial Notice. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit A to Notice of Request for Judicial Notice)(Wilson, Ogilvie) (Entered: 09/22/2010)
BRIEF The Ecuadorian Plaintiffs' Response to Chevron's Motion to Supplement the Record. Document filed by Lago Agrio Plaintiffs.(Maazel, Ilann) (Entered: 09/21/2010)
DECLARATION of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wilson, Ogilvie) (Entered: 09/21/2010)
ORDER: The Lago Agrio plaintiffs move to file under seal a declaration of one of their attorneys, Mr. Wilson, and two documents attached thereto. The filing of these documents with the Court waived whatever privileges otherwise might have attached to them. The suggestion that there would be no waiver if the filing had been made under seal is both immaterial and erroneous. The motion [Dr 53] is denied. ORDER denying 53 Motion to Seal Document. (Signed by Judge Lewis A. Kaplan on 9/20/10) (db) (Entered: 09/20/2010)
ORDER TO SHOW CAUSE WHY LEAVE TO SUPPLEMENT THE RECORD IN OPPOSITION TO THE MOTIONS TO QUASH OR MODIFY SUBPOENAS SUBMITTED BY (1) STEVEN R. DONZIGER AND (2) THE ECUADORIAN PLAINTIFFS SHOULD NOT BE GRANTED ORDERED that Chevron Corporation shall serve counsel for Respondent Steven R. Donziger and counsel for the plaintiffs in the Lago Agrio Litigation, by hand, facsimile, or e-mail, with the Memorandum of Law and in Support of its Motion and this Order on or before 12:00 pm on September 20, 2010; and ORDERED that papers in opposition to the Motion, if any, shall be filed and served upon Chevron's counsel, Gibson Dunn & Crutcher LLP, 200 Park Avenue, 47th Floor, New York, New York, on or before 4:30pm on September 21, 2010; and ORDERED that this Motion shall be considered on submission on Wednesday, September 22, 2010, at 10:00 a.m. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/20/2010) (jmi) (Entered: 09/20/2010)
REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Seal Document Attached as Exhibit A.. Document filed by Lago Agrio Plaintiffs. (Wilson, Ogilvie) (Entered: 09/19/2010)
DECLARATION of Kristen L. Hendricks in Opposition re: 53 MOTION to Seal Document Attached as Exhibit A.. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A)(Mastro, Randy) (Entered: 09/16/2010)
MEMORANDUM OF LAW in Opposition re: 53 MOTION to Seal Document Attached as Exhibit A.. Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 09/16/2010)
ORDER granting 50 Motion for Andrea E. Neuman to Appear Pro Hac Vice for Chevron Corporation. Upon consideration of the Notice of Motion for Admission Pro Hac Vice of Petitioner Chevron Corporation, and the declaration submitted in support thereof, and good cause having been shown, it is SO ORDERED that Andrea E. Neuman is admitted to the bar of this Court pro hac vice this SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/15/2010) (jmi) (Entered: 09/16/2010)
ORDER The Court will hear oral argument on Steven R. Donzinger's and the Ecuadorian Plaintiffs' motions to quash the subpoenas served on them in this action on September 23, 2010 at 11 :00 a.m. in courtroom 12D. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/15/2010) (jmi) (Entered: 09/15/2010)
MEMORANDUM OF LAW in Support re: 51 MOTION for Williams & Connolly LLP to Withdraw as Attorney.. Document filed by Ricardo Reis Veiga. (Baine, Kevin) (Entered: 09/09/2010)
DECLARATION of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 62 in Further Support of Motion, # 2 Exhibit 63 in Further Support of Motion, # 3 Exhibit 64 in Further Support of Motion, # 4 Exhibit 65 in Further Support of Motion, # 5 Exhibit 66 in Further Support of Motion, # 6 Exhibit 67, Part 1 in Further Support of Motion, # 7 Exhibit 67, Part 2 in Further Support of Motion, # 8 Exhibit 68 in Further Support of Motion)(Wilson, Ogilvie) (Entered: 09/08/2010)
REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Wilson, Ogilvie) (Entered: 09/07/2010)
DECLARATION of Andrea E. Neuman in Opposition re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger., 23 MOTION to Quash.. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S - Part 1, # 20 Exhibit S - Part 2, # 21 Exhibit S - Part 3, # 22 Exhibit S - Part 4, # 23 Exhibit S - Part 5, # 24 Exhibit S - Part 6, # 25 Exhibit S - Part 7, # 26 Exhibit S - Part 8, # 27 Exhibit S - Part 9, # 28 Exhibit T, # 29 Exhibit U - Part 1, # 30 Exhibit U - Part 2, # 31 Exhibit U - Part 3, # 32 Exhibit U - Part 4, # 33 Exhibit U - Part 5, # 34 Exhibit U - Part 6, # 35 Exhibit U - Part 7, # 36 Exhibit U - Part 8, # 37 Exhibit U - Part 9, # 38 Exhibit U - Part 10, # 39 Exhibit U - Part 11, # 40 Exhibit U - Part 12)(Mastro, Randy) (Entered: 09/02/2010)
MEMORANDUM OF LAW in Opposition re: 23 MOTION to Quash., 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Chevron Corporation. (Attachments: # 1 Affidavit of Dr. Cesar Coronel Jones - Part 1, # 2 Affidavit of Dr. Cesar Coronel Jones - Part 2, # 3 Affidavit of Dr. Gustavo Romero Ponce - Part 1, # 4 Affidavit of Dr. Gustavo Romero Ponce - Part 2)(Mastro, Randy) (Entered: 09/02/2010)
RESPONSE in Opposition re: 23 MOTION to Quash., 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Rodrigo Perez Pallares, Ricardo Reis Veiga. (Dans, Paul) (Entered: 09/01/2010)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Randy M. Mastro dated 08/30/2010 re: Requesting leave of the Court to file a single opposition memorandum not to exceed 50 pages, rather than two separate 35-page briefs. ENDORSEMENT: SO ORDERED.(Signed by Judge Lewis A. Kaplan on 08/31/2010) (ad) (Entered: 08/31/2010)
DECLARATION of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 49, Part 5 to Declaration of O. Andrew F. Wilson, # 2 Exhibit 50 to Declaration of O. Andrew F. Wilson, # 3 Exhibit 51 to Declaration of O. Andrew F. Wilson, # 4 Exhibit 52 to Declaration of O. Andrew F. Wilson, # 5 Exhibit 53, Part 1 to Declaration of O. Andrew F. Wilson, # 6 Exhibit 53, Part 2 to Declaration of O. Andrew F. Wilson, # 7 Exhibit 54 to Declaration of O. Andrew F. Wilson, # 8 Exhibit 55 to Declaration of O. Andrew F. Wilson, # 9 Exhibit 56 to Declaration of O. Andrew F. Wilson, # 10 Exhibit 57 to Declaration of O. Andrew F. Wilson, # 11 Exhibit 58 to Declaration of O. Andrew F. Wilson, # 12 Exhibit 59 to Declaration of O. Andrew F. Wilson, # 13 Exhibit 60 to Declaration of O. Andrew F. Wilson, # 14 Exhibit 61 to Declaration of O. Andrew F. Wilson)(Wilson, Ogilvie) (Entered: 08/28/2010)
DECLARATION of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 41 to Declaration of O. Andrew F. Wilson, # 2 Exhibit 42 to Declaration of O. Andrew F. Wilson, # 3 Exhibit 43 to Declaration of O. Andrew F. Wilson, # 4 Exhibit 44 to Declaration of O. Andrew F. Wilson, # 5 Exhibit 45 to Declaration of O. Andrew F. Wilson, # 6 Exhibit 46 to Declaration of O. Andrew F. Wilson, # 7 Exhibit 47 to Declaration of O. Andrew F. Wilson, # 8 Exhibit 48, Part 1 to Declaration of O. Andrew F. Wilson, # 9 Exhibit 48, part 2 to Declaration of O. Andrew F. Wilson, # 10 Exhibit 48, Part 3 to Declaration of O. Andrew F. Wilson, # 11 Exhibit 48, part 4 to Declaration of O. Andrew F. Wilson, # 12 Exhibit 48, Part 5 to Declaration of O. Andrew F. Wilson, # 13 Errata 48, Part 6 to Declaration of O. Andrew F. Wilson, # 14 Exhibit 48, Part 7 to Declaration of O. Andrew F. Wilson, # 15 Exhibit 48, Part 8 to Declaration of O. Andrew F. Wilson, # 16 Exhibit 48, Part 9 to Declaration of O. Andrew F. Wilson, # 17 Exhibit 49, Part 1 to Declaration of O. Andrew F. Wilson, # 18 Exhibit 49, Part 2 to Declaration of O. Andrew F. Wilson, # 19 Exhibit 49, Part 3 to Declaration of O. Andrew F. Wilson)(Wilson, Ogilvie) (Entered: 08/28/2010)
AFFIDAVIT of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 21 to Declaration of O. Andrew F. Wilson, # 2 Exhibit 22 to Declaration of O. Andrew F. Wilson, # 3 Exhibit 23 to Declaration of O. Andrew F. Wilson, # 4 Exhibit 24 to Declaration of O. Andrew F. Wilson, # 5 Exhibit 25 to Declaration of O. Andrew F. Wilson, # 6 Exhibit 26 to Declaration of O. Andrew F. Wilson, # 7 Exhibit 27 to Declaration of O. Andrew F. Wilson, # 8 Exhibit 28 to Declaration of O. Andrew F. Wilson, # 9 Exhibit 29 to Declaration of O. Andrew F. Wilson, # 10 Exhibit 30, Part 1 to Declaration of O. Andrew F. Wilson, # 11 Exhibit 30, Part 2 to Declaration of O. Andrew F. Wilson, # 12 Exhibit 31 to Declaration of O. Andrew F. Wilson, # 13 Exhibit 32 to Declaration of O. Andrew F. Wilson, # 14 Exhibit 33 to Declaration of O. Andrew F. Wilson, # 15 Exhibit 34 to Declaration of O. Andrew F. Wilson, # 16 Exhibit 35 to Declaration of O. Andrew F. Wilson, # 17 Exhibit 36 to Declaration of O. Andrew F. Wilson, # 18 Exhibit 37 to Declaration of O. Andrew F. Wilson, # 19 Exhibit 38 to Declaration of O. Andrew F. Wilson, # 20 Exhibit 39 to Declaration of O. Andrew F. Wilson, # 21 Exhibit 40 to Declaration of O. Andrew F. Wilson)(Wilson, Ogilvie) (Entered: 08/28/2010)
DECLARATION of O. Andrew F. Wilson in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Attachments: # 1 Exhibit 1 to Declaration of O. Andrew F. Wilson, # 2 Exhibit 2 to Declaration of O. Andrew F. Wilson, # 3 Exhibit 3 to Declaration of O. Andrew F. Wilson, # 4 Exhibit 4 to Declaration of O. Andrew F. Wilson, # 5 Exhibit 5 to Declaration of O. Andrew F. Wilson, # 6 Exhibit 6 to Declaration of O. Andrew F. Wilson, # 7 Exhibit 7 to Declaration of O. Andrew F. Wilson, # 8 Exhibit 8 to Declaration of O. Andrew F. Wilson, # 9 Exhibit 9 to Declaration of O. Andrew F. Wilson, # 10 Exhibit 10 to Declaration of O. Andrew F. Wilson, # 11 Exhibit 11 to Declaration of O. Andrew F. Wilson, # 12 Exhibit 12 to Declaration of O. Andrew F. Wilson, # 13 Exhibit 13 to Declaration of O. Andrew F. Wilson, # 14 Exhibit 14 to Declaration of O. Andrew F. Wilson, # 15 Exhibit 15 to Declaration of O. Andrew F. Wilson, # 16 Exhibit 16 to Declaration of O. Andrew F. Wilson, # 17 Exhibit 17 to Declaration of O. Andrew F. Wilson, # 18 Exhibit 18 to Declaration of O. Andrew F. Wilson, # 19 Exhibit 19 to Declaration of O. Andrew F. Wilson, # 20 Exhibit 20 to Declaration of O. Andrew F. Wilson)(Wilson, Ogilvie) (Entered: 08/28/2010)
MEMORANDUM OF LAW in Support re: 27 MOTION to Quash or Modify Subpoenas Served Upon Steven R. Donziger.. Document filed by Lago Agrio Plaintiffs. (Wilson, Ogilvie) (Entered: 08/28/2010)
ORDER. Ilan M. Maazel, Ogilvie Andrew Fraser Wilson, and Jonathan Abady, Esqs., shall show cause, on or before September 3, 2010, why their purported appearances on behalf of the so-called Lago Agrio plaintiff [DI 17, 18, 19] should not be stricken on the ground that the Lago Agrio plaintiffs are not parties to this proceeding. (Signed by Judge Lewis A. Kaplan on 8/24/10) (djc) Modified on 8/26/2010 (djc). (Entered: 08/24/2010)
NOTICE of Request of Judicial Notice of U.S. Filings re: 2 Order,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibits A through F, # 2 Exhibits G through K, # 3 Exhibits L through Q, # 4 Exhibit R, # 5 Exhibit S)(Mastro, Randy) (Entered: 08/18/2010)
NOTICE of Request for Judicial Notice of Court Filings and Orders in the Lago Agrio Litigation and of Provisions of Ecuadorian Law re: 2 Order,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibits C through D, # 5 Exhibit E - Part 1, # 6 Exhibit E - Part 2, # 7 Exhibits F through H, # 8 Exhibits I through J, # 9 Exhibits K through M, # 10 Exhibit N, # 11 Exhibit O - Part 1, # 12 Exhibit O - Part 2, # 13 Exhibit P, # 14 Exhibit Q, # 15 Exhibit R - Part 1, # 16 Exhibit R - Part 2, # 17 Exhibit R - Part 3, # 18 Exhibit R - Part 4, # 19 Exhibit R - Part 5)(Mastro, Randy) (Entered: 08/18/2010)
DECLARATION of Kristen L. Hendricks in Support re: 2 Order,. Document filed by Chevron Corporation. (Attachments: # 1 Exhibits A through D, # 2 Exhibits E through I, # 3 Exhibits J through P, # 4 Exhibits Q through Z, # 5 Exhibits AA through DD, # 6 Exhibits EE through FF, # 7 Exhibit GG, # 8 Exhibit HH - Part 1, # 9 Exhibit HH - Part 2, # 10 Exhibit HH - Part 3, # 11 Exhibit II - Part 1, # 12 Exhibit II - Part 2, # 13 Exhibit II - Part 3, # 14 Exhibit II - Part 4, # 15 Exhibit II - Part 5, # 16 Exhibit JJ - Part 1, # 17 Exhibit JJ - Part 2, # 18 Exhibits KK through RR)(Mastro, Randy) (Entered: 08/18/2010)
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Bruce S. Kaplan dated 8/16/10 re: counsel to Steven R. Donziger writes to respectfully request a two-week extension of Mr. Donziger's time to object, respond, and, if necessary and appropriate, move to quash or modify the subpoenas that were served upon him pursuant to Your Honor's August 6, 2010 Order. ENDORSEMENT: The time within which to file any motion to quash is extended to and including August 27, 2010. The time within which to respond in any other request is extended until Sept. 1, 2010. (Signed by Judge Lewis A. Kaplan on 8/17/10) (djc) (Entered: 08/18/2010)
STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 re: that this action be filed as related to 10-mc-00001. Document filed by Chevron Corporation. (Attachments: # 1 Letter in Support of Relatedness)(Mastro, Randy) (Entered: 08/18/2010)
MEMORANDUM OF LAW in Support re: 2 Order, Memorandum of Law in Support of Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding. Document filed by Chevron Corporation. (Attachments: # 1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding, # 2 Text of Proposed Order, # 3 Proposed Order to Show Cause)(Mastro, Randy) (Entered: 08/18/2010)
Attachment 1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct
LETTER addressed to Judge Lewis A. Kaplan from Ilann M. Maazel dated 8/16/10 re: Counsel to Lago Agrio Plaintiffs writes in opposition to Mr. Kaplan's request for a reasonable extension, Chevron once again makes a number of misrepresentations that must be corrected. (djc) (Entered: 08/17/2010)
CERTIFICATE OF SERVICE of Signed Order dated August 6, 2010 and Documents in Support of the Order served on Steven R. Donziger on 08/09/2010. Service was made by hand delivery. Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 08/17/2010)
CERTIFICATE OF SERVICE of Signed Order dated August 6, 2010 and Documents in Support of the Order served on Counsel of Record for Parties on 08/09/2010. Service was made by hand delivery and electronic mail. Document filed by Chevron Corporation. (Mastro, Randy) (Entered: 08/17/2010)
CERTIFICATE OF SERVICE of Subpoena served on Steven Robert Donziger on 08/09/2010. Service was accepted by Steven Robert Donziger. Document filed by Chevron Corporation. (Attachments: # 1 Donziger Subpoena)(Mastro, Randy) (Entered: 08/17/2010)
CERTIFICATE OF SERVICE of Subpoena served on Steven Robert Donziger on August 9, 2010. Service was accepted by Steven Robert Donziger. Document filed by Rodrigo Perez Pallares. (Attachments: # 1 Exhibit 1)(Dans, Paul) (Entered: 08/16/2010)
ORDER the applications both are granted. Chevron and the Individual Petitioners may serve the subpoenas attached as Exhibit RR to the declaration of Kristen Hendricks and as Exhibit 19 to the declaration of Paul E. Dans, respectively. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/6/2010) (jmi) Modified on 8/6/2010 (jmi). (Entered: 08/06/2010)
ORDER as follows: 1. The above captioned proceedings are consolidated for all purposes. 2. The Clerk shall maintain a master docket and case file under the style In re Application of Chevron Corporation to which she shall assign a file number in the "MC" series. 3. All orders, pleadings, motions, and other documents filed in either or both of these actions shall bear the following caption with the "MC" file number assigned by the Clerk. 4. All papers filed in one or both of the actions subject to this Order shall be filed electronically. (Signed by Judge Lewis A. Kaplan on 8/6/2010) (jmi) (Entered: 08/06/2010)
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