Chevron Corporation v. Donziger et al
Plaintiff: Chevron Corporation
Defendant: Steven Donziger, The Law Offices of Steven R. Donziger, Pablo Fajardo Mendoza, Luis Yanza, Frente de Defensa De La Amazonia, Selva Viva Selviva CIA, Ltda, Stratus Consulting , Inc., Douglas Beltman, Ann Maest, Maria Aguinda Salazar, Carlos Grefa Huatatoca, Catalina Antonia Aguinda Salazar, Lidia Alexandra Aguinda Aguinda, Patricio Alberto Chimbo Yumbo, Clide Ramiro Aguinda Aguinda, Luis Armando Chimbo Yumbo, Beatriz Mercedes Grefa Tanguila, Lucio Enrique Grefa Tanguila, Patricio Wilson Aguinda Aguinda, Celia Irene Viveros Cusangua, Francisco Matias Alvarado Yumbo, Francisco Alvarado Yumbo, Olga Gloria Grefa Cerda, Lorenzo Jose Alvarado Yumbo, Narcisa Aida Tanguila Narvaez, Bertha Antonia Yumbo Tanguila, Gloria Lucrecia Tanguila Grefa, Franciso Victor Tanguilla Grefa, Rosa Teresa Chimbo Tanguila, Jose Gabriel Revelo Llore, Maria Clelia Reascos Revelo, Maria Magdalena Rodriguez Barcenes, Hugo Gerardo Camacho Naranjo, Jose Miguel Ipiales Chicaiza, Heleodoro Pataron Guaraca, Luisa Delia Tanguila Narvaez, Lourdes Beatriz Chimbo Tanguil, Maria Hortencia Viveros Cusangua, Segundo Angel Amanta Milan, Octavio Ismael Cordova Huanca, Elias Roberto Piyahuaje Payahuaje, Javier Piaguaje Payaguaje, Daniel Carlos Lusitande Yaiguaje, Benancio Fredy Chimbo Grefa, Guillermo Vicente Payaguaje Lusitante, Delfin Leonidas Payaguaje Payaguaje, Alfredo Donaldo Payaguaje Payaguaje, Miguel Mario Payaguaje Payaguaje, Teodoro Gonzalo Piaguaje Payaguaje, Fermin Piaguaje Payaguaje, Reinaldo Lusitande Yaiguaje, Luis Agustin Payaguaje Piaguaje, Emilio Martin Lusitande Yaiguaje, Simon Lusitande Yaiguaje, Armando Wilfrido Piaguaje Payaguaje and Angel Justino Piaguage Lucitant
Case Number: 1:2011cv00691
Filed: February 1, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Lewis A. Kaplan
Nature of Suit: Racketeer Influenced and Corrupt Organizations
Cause of Action: 18 U.S.C. ยง 1962
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 8, 2022 Opinion or Order Filing 2689 ORDER: NOW, THEREFORE, IT TS: ORDERED that Rizack's Images shall be released by the Clerk of Court and provided to Rizack's counsel; and it is ORDERED that, upon entry of this Order, Rizack's counsel shall provide the Clerk of Cou rt with a pre-paid/stamped envelope to be used to return Rizack's Images to the address set forth below: Michael L. Yaeger, Alex B. Silverman, Carlton Fields, P.A., 405 Lexington Avenue, 36th Floor, New York, New York 10174. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/8/2022) (mml) Transmission to Sealed Records Clerk for processing.
November 5, 2021 Opinion or Order Filing 2676 ORDER OF APPOINTMENT. It is hereby ORDERED, that the appointment of Rita M Glavin, Brian Maloney, and Sareen Armani to prosecute Steven Donziger on the charges of criminal contempt of court set forth in the Order to Show Cause shall include the handling of the appeal, and it is further ORDERED, the powers conferred upon the said attorneys by the Order of Appointment are continued. (Signed by Judge Lewis A. Kaplan on 10/27/21) (yv)
October 12, 2021 Opinion or Order Filing 2675 ORDER: At sentencing, the Court denied Mr. Donziger's application for bail pending appeal but stayed his surrender on the condition that he seek relief from the Court of Appeals within one week. The docket sheet indicates that he has done s o. If the Court of Appeals grants a stay, the terms thereof shall control. However, if the Court of Appeals denies a stay, Mr. Donziger shall surrender to the United States Marshal at 500 Pearl Street, 4th floor, no later than 24 hours after the Court of Appeals order is docketed. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/12/2021) (va)
October 4, 2021 Opinion or Order Filing 2673 MEMO ENDORSED ORDER granting 1994 Motion for Attorney Fees. ENDORSEMENT: Motion granted. Plaintiff shall have judgment jointly and severally against Pablo Fajardo Mendoza, Luis Yanza, Frente de Defensa de la Amazonia, and Selva Viva Selviva Cia , Ltda. in the sum of $395,138, which the Court finds constitute reasonable attorney's fees based on reasonable hourly rates applied to hours reasonably devoted to the tasks. It notes, contrary to a statement in plaintiff's papers, that defendant Fajardo, unlike the others named herein, in fact appeared in this action. Dkt. 127, 128. As the Court previously held, it has determined that it has personal jurisdiction over all these defendants. Dkt. 1985, at 1 n.1; Dkt. 1977, at 15-18. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/30/21) (yv)
September 28, 2021 Opinion or Order Filing 2670 ORDER: The Court is in receipt of Mr. Kuby's letter of September 27, 2021 regarding the courtroom for Mr. Donziger's upcoming sentencing. Sentencing will begin at 10:00 a.m. on Friday, October 1, 2021, in Courtroom 26B. Courtroom 9C wil l serve as an overflow room. Additionally, consistent with the CARES Act, interested members of the public may listen to the proceedings telephonically using the dial-in 877-226-8189, access code: 7342786. The international dial-in is 409-207-6980. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/28/2021) (va)
September 9, 2021 Opinion or Order Filing 2669 ORDER: The Court is in receipt of Mr. Kuby's letter of September 7, 2021, which requests expanded access to Mr. Donziger's sentencing via a "teleconferencing/videoconferencing link." (Dkt. no. 366 at 1.) Mr. Kuby's req uest is GRANTED. Consistent with the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, § 15002 (b)(1)(I), 134 Stat 281, 528 (2020), the Court will open a listen-only telephone line so that interested parties may access the proceedings remotely. Prior to sentencing, the Court will enter an order with the relevant information to the public docket. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/9/2021) (va)
August 23, 2021 Opinion or Order Filing 2666 ORDER: In a Memorandum & Order dated August 23, 2021, the Court reminded Mr. Donziger that any sentencing submissions on his behalf were to be submitted by September 13, 2021. (See dkt. no. 362.) In doing so, the Court inadvertently overlooked a r ecent extension granted to the parties. (See dkt. no. 360.) Accordingly, consistent with its previous order, Mr. Donziger is reminded that any sentencing submissions on his behalf shall be filed no later than September 21, 2021. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/23/2021) (va)
August 16, 2021 Opinion or Order Filing 2663 ORDER: For these reasons, Mr. Donziger's motions for discovery [dkt. nos. 356 & 357] are DENIED. The Clerk of the Court shall close the open motions. Mr. Donziger is reminded that any reply in support of his motion for a new trial shall be filed no later than August 21, 2021. SO ORDERED. ( Replies due by 8/21/2021.) (Signed by Judge Loretta A. Preska on 8/16/2021) (va)
August 4, 2021 Opinion or Order Filing 2658 ORDER: Accordingly, the Special Prosecutors will file their submission by August 16, 2021. Mr. Donziger may file his submission by September 13, 2021. The parties are instructed to confine their submissions to materials relevant to sen tencing, including, among other things, the 18 U.S.C. § 3553(a) factors. Sentencing in this matter is scheduled for October 1, 2021 at 10:00 a.m. Once a courtroom is designated, the Court will enter an order with the relevant information to the public docket. The parties shall also confer and propose, by letter, a prompt briefing schedule for Mr. Donziger's recently-filed motion for a new trial. (See dkt. no. 351.) SO ORDERED. ( Status Conference set for 10/1/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 8/4/2021) (va)
July 26, 2021 Opinion or Order Filing 2655 ORDER: The Court requests that the Clerk of the Court close the following motions: Docket number 189, which was rendered moot by the order entered at docket number 191. Docket number 192, which was resolved by the order entered at docket number 1 96. Docket number 194, which was resolved by the order entered at docket number 203. Docket number 216, which was directed to Judge Kaplan (not the undersigned). Judge Kaplan addressed that motion in an order at docket number 2590 in 11-CV-691. Docke t number 246, which was addressed in the order entered at docket number 297. Docket number 251, which was resolved by the order entered at docket number 254. Docket number 252, which was resolved by the order entered at docket number 257. Docket number 283, which was resolved by the order entered at docket number 257. Docket number 302, which was resolved on the record at trial. (See dkt. no. 319 at 858:21-859:5.) SO ORDERED. (Signed by Judge Loretta A. Preska on 7/26/2021) (va)
June 23, 2021 Opinion or Order Filing 2647 ORDER: Counsel shall confer and inform the Court by letter of a proposed briefing schedule on Mr. Donziger's motion to dismiss based on the Supreme Court's decision in United States v. Arthrex, Inc. (See dkt. no. 330.) SO ORDERED. (Signed by Judge Loretta A. Preska on 6/23/2021) (ama)
June 8, 2021 Opinion or Order Filing 2644 ORDER denying 2315 MOTION to Hold Aaron Marr Page and Forum Nobis PLLC in Contempt of Court for Their Violation of the RICO and Default Judgments . Accordingly, plaintiff's motion [Dkt 2315] is denied. The Court expresses no view on the merits. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/8/2021) (mml)
June 3, 2021 Opinion or Order Filing 2643 ORDER: The Court is in receipt of Mr. Garbus' letter dated June 3, 2021 (dkt. no. 324 in 19-CR-561) seeking, yet again, the Courts recusal and dismissal of the charges against Mr. Donziger. The Special Prosecutor may respond, if she is so advised, no later than June 18. If the Special Prosecutor responds, Mr. Garbus may reply no later than June 25. (Signed by Judge Loretta A. Preska on 6/3/2021) (cf)
May 9, 2021 Opinion or Order Filing 2639 MEMORANDUM & ORDER: In short, the lion's share of the Subpoenas' requests are paradigmatic "fishing expeditions," and for some Mr. Donziger has brought especially heavy tackle. But because Nixon, 418 U.S. at 700, makes clear that Rule 17(c) cannot be put to that purpose, the Court will not allow Mr. Donziger to use the Subpoenas to end-run around the rules governing discovery in criminal cases. For the foregoing reasons, the motion to quash the Subpoena s [dkt. no. 283] is GRANTED IN PART and DENIED IN PART. Based on the analysis above, the following paragraphs of the Subpoenas are QUASHED in their entirety: Paragraphs 4-14 of the Partner Subpoenas. Paragraphs 4-12 and 14-15 of the GDC Subpoe na. Paragraph 1 of the Subpoenas is MODIFIED to read as follows (alteration in bold): A copy of all electronic documents or communications involving (a) you or anyone from Gibson Dunn and (b) the Private Prosecutors. "Private Prosecutor s" include Rita Glavin, Brian P. Maloney, Sareen K. Armani, or any employee or agent of the Seward & Kissel law firm involved with this case. Paragraph 13 of the GDC Subpoena is MODIFIED to read as follows (alteration in bold): A sum mary indicating hours and dollar amounts on a quarterly basis throughout the relevant time period of all bills submitted by Gibson Dunn to Chevron Corporation for work on any matter, including any work relating to Steven Donziger or Ecuador. Final ly, each of the Subpoenas is MODIFIED to be returnable at such time as a Partner testifies at trial; if none of the Partners testifies, the subpoenaed information need not be produced. See Avenatti, 2020 WL 508682, at *45. In all other respects, the motion to quash is DENIED. The Clerk of the Court shall close the open motion. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/9/2021) (va)
May 7, 2021 Opinion or Order Filing 2638 ORDER: For the foregoing reasons, Mr. Donziger's (1) motion for reconsideration and (2) fourth motion to dismiss [dkt. no. 274] are DENIED. The Clerk of the Court shall close the open motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/7/2021) (va)
May 6, 2021 Opinion or Order Filing 2637 MEMORANDUM & ORDER: For the foregoing reasons, Mr. Donziger's (1) motion to dismiss the Order to Show Cause [dkt. no. 258] and (2) request for oral argument [dkt nos. 262, 267] are DENIED. The Clerk of the Court shall close the open motions. Tr ial in this matter will begin, as scheduled, on May 10, 2021 at 10:00 a.m. in Courtroom 24B. SO ORDERED., ( Bench Trial set for 5/10/2021 at 10:00 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Part I Judge Loretta A. Preska on 5/06/2021) (ama)
May 4, 2021 Opinion or Order Filing 2634 ORDER: Mr. Donziger's trial will be held in Courtroom 24B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York NY 10007. Courtroom 12A in the same building has been designated as an overflow room. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/4/2021) (va)
April 30, 2021 Opinion or Order Filing 2626 ORDER: The Court is in receipt of Defendant Steven Donziger's recently filed motion for reconsideration and motion to dismiss. (See dkt. no. 274.). Counsel shall confer and propose a briefing schedule for the motion no later than April 30 at 6 :00 p.m. Moreover, in his opposition to the Special Prosecutors' motion in limine, Mr. Donziger indicated that, "[b]efore or during trial," he would "present a trial brief outlining his view of the collateral bar doctrine and ho w it does and does not apply to the facts of his case." (Dkt. no. 110 at 10.) To the extent Mr. Donziger wishes to file such a brief, counsel shall inform the Court no later than May 3 at noon when such briefing will be filed. SO ORDERED. ( Status Conference set for 4/30/2021 at 06:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 4/30/2021) (va)
April 29, 2021 Opinion or Order Filing 2623 ORDER: Counsel shall inform the Court no later than April 30, 2021 at noon of any witnesses testifying remotely in the trial that will commence on may 10, 2021. If there will be remote witnesses, counsel will be required to participate in a run-through with the Court's audio-visual team no later than May 5, 2021. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/29/2021) (va)
April 20, 2021 Opinion or Order Filing 2619 ORDER: To the extent that the Court can discern a wherefore clause in Defendant Steven Donziger's letter dated April 29, 2021, (see dkt. no 267), the Court reiterates its earlier (1) reserving of decision on Mr. Donziger's request for oral argument on his motion to dismiss, (see dkt. no. 263), (2) denial of Mr.Donziger's request to broadcast the proceedings, (see dkt. nos. 254, 266), and (3) denial of Mr. Donziger's request for the Court to recuse itself, (see dkt. nos. 68, 172). SO ORDERED. (Signed by Judge Loretta A. Preska on 4/20/2021) (ama)
April 16, 2021 Opinion or Order Filing 2618 ORDER: The Court is in receipt of Defendant Steven Donziger's letter dated April 15, 2021, which seeks the broadcast of his trial. (See dkt. no. 265.) Construing the letter as a motion for reconsideration of the Court's previous ord er regarding the public-access measures for Mr. Donziger's trial, (see dkt. no. 254), the motion is DENIED. Federal Rule of Criminal Procedure 53's language is mandatory, and Mr. Donziger provides no legal authority to the contrary. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/16/2021) (va)
April 13, 2021 Opinion or Order Filing 2615 ORDER: Counsel shall confer and inform the Court by letter of the proposed briefing schedule on Defendant Steven Donziger's recently filed motion to dismiss. (See dkt. no. 258.) SO ORDERED. (Signed by Judge Loretta A. Preska on 4/13/2021) (va)
April 8, 2021 Opinion or Order Filing 2614 ORDER: The Court is in receipt of counsel's letters regarding the length of opening statements. (See dkt. nos. 252, 256.) Each side will have 45 minutes for openings. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/8/2021) (va)
April 6, 2021 Opinion or Order Filing 2612 ORDER: The Court is in receipt of Defendant Steven Donziger's letter regarding various access measures for his trial beginning on May 10, 2021. (See dkt. no. 251.) In response to Mr. Donziger's requests: (As further set forth herein.) (Signed by Judge Loretta A. Preska on 4/6/2021) (va)
April 5, 2021 Opinion or Order Filing 2611 ORDER: The Court is in receipt of Defendant Steven Donziger's letter regarding his proposed opening statement. (See dkt. no. 252.) Counsel is reminded of the Court's order to confer with opposing counsel regarding the proposed length of opening statements. (See dkt. no. 250.) (Signed by Judge Loretta A. Preska on 4/5/2021) (mro)
April 1, 2021 Opinion or Order Filing 2610 ORDER: On January 27, 2020, this Court issued a Report and Recommendation regarding allegations of civil contempt against Aaron Marr Page and Forum Nobis PLLC (the "Page Contempt Motion"), but recommended that the decision on the Page Con tempt Motion be held in abeyance pending determination of the Second Circuit's decision on Donziger's appeal of the contempt rulings against him. The Second Circuit recently issued its decision in large part affirming the contempt finding s against Donziger but not in all respects. On March 26, 2021, Judge Kaplan remanded the Page Contempt Motion to me for further consideration in light of the Second Circuit's decision. Accordingly, by April 21, 2021, Chevron and Page shall eac h submit a brief of no more than ten pages setting forth their views on the extent to which the Second Circuits decision requires a different outcome than previously recommended by this Court. By April 30, 2021, Chevron and Page may each submit a responding brief of no more than five pages. To be clear, the Court is not inviting reconsideration of any of the Report and Recommendation in any respect other than the question posed. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/1/2021) Copies transmitted this date to all counsel of record. (mml)
March 29, 2021 Opinion or Order Filing 2608 ORDER: In preparation for trial on May 10, 2021, counsel are reminded of the Court's current COVID-19 protocols (attached) and are instructed to check the Court's website for any updates. Also, counsel shall confer and inform the Court by letter no later than April 7, 2021, whether they wish to make opening statements and, if so, how long they propose for such statements. So Ordered. (Signed by Judge Loretta A. Preska on 3/29/2021) (js)
March 26, 2021 Opinion or Order Filing 2607 ORDER: Plaintiffs motion to hold Aaron Marr Page in civil contempt, in respect of which Magistrate Judge Robert W. Lehrburger issued a report and recommendation (the "R&R") dated January 27, 2020, is remanded to Magistrate Judge Lehrburger for further consideration in light of the Court of Appeals' recent decision of the portion of the R&R commencing at page 21. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/26/2021) (jca)
January 10, 2021 Opinion or Order Filing 2602 ORDER: For the foregoing reasons, Mr. Donziger's motion to dismiss Counts One, Two, and Three of the Court's July 31, 2019 Order to Show Cause [dkt. no. 225] is DENIED. The Clerk of the Court shall close the open motion. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/10/2021) (va)
January 5, 2021 Opinion or Order Filing 2599 ORDER: On January 5, 2021, Chief Judge McMahon entered an amended standing order (appended here) regarding in-person court operations in the Southern District of New York. See In re Coronavirus/COVID 19 Pandemic, M-10-468 (CM) (S.D.N.Y. Jan . 5, 2021). That order counsels that "[b]ench trials... should be conducted remotely if at all possible" and encourages "consultation with the parties." Id. at 1. Accordingly, the parties shall confer and inform the Court, by letter and no later than January 7, 2021, of their positions regarding the January 19, 2021 trial date. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/5/2021) (va)
December 10, 2020 Opinion or Order Filing 2593 ORDER: The Court is in receipt of Mr. Donziger's letter inquiring about the Special Prosecutor's billing matters, (dkt. no. 218), the Special Prosecutor's response, (dkt. no. 220), and Mr. Donziger's reply, (dkt. no. 221). T he Special Prosecutor is in compliance with the Court's order dated July 22, 2020 (dkt. no. 108) regarding her billing matters. Nothing more is required. Accordingly, the relief requested in Mr. Donziger's letter (dkt. no. 218) is DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/10/2020) (va)
November 25, 2020 Opinion or Order Filing 2591 ORDER: The Court is in receipt of Defendant Steven Donziger's November 24, 2020 letter [dkt. no. 218]. The special prosecutors shall respond to Mr. Donziger's letter no later than December 9, 2020. Mr. Donziger my file a reply no later than December 16, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/25/2020) (va)
November 20, 2020 Opinion or Order Filing 2590 ORDER: Accordingly, the motion (l9-cr-561, DI 216) is denied without prejudice to the filing in 11-cv-691 of a motion that complies with Local Civ. R. 7.1. Donziger and his attorneys presumably will resolve, before any such motion is filed, the question of what attorney(s), if any, now appear for him in this case or whether instead he will continue pro se. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/20/2020) (jca)
November 6, 2020 Opinion or Order Filing 2587 ORDER: The Court is in receipt of Ronald Kuby's letter of November 6, 2020, stating that he will be accompanying Mr. Donziger to trial on Monday and requesting permission to address the Court, "from the well, to discuss scheduling an adjourn date." (Dkt. no. 204.) Trial time is valuable, and using it for a conference is suboptimal. However, Mr. Kuby is always free to confer with the Prosecutors and report the outcome. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/6/2020) (va)
November 5, 2020 Opinion or Order Filing 2585 ORDER: Mr. Donziger's counsel, Lauren Regan, has informed the Court that she will not attend trial in person. As the Court noted in its order of October 28, a phone will be available on the defense table that can also be used in the jur y room for Mr. Donziger to consult with counsel during trial. (Dkt. no. 196.) Additionally, consistent with the order attached hereto as Exhibit A, Mr. Donziger will be permitted to bring his personal cellular phone into the courtroom for t rial and may use it to consult with and send text messages to counsel, as he would pass a note at trial. (Standing Order dated Sept. 8, 2020, In re: Coronavirus/COVID-19 Pandemic, No. 20-MC-316, dkt. no. 1 at 4.) Mr. Donziger is reminded that "Local Civil Rule 1.8 remains in full force and effect, including the absolute prohibition on any audio or video recording of any proceeding." (Id. at 4.) SO ORDERED. (Signed by Judge Loretta A. Preska on 11/5/2020) (va)
November 4, 2020 Opinion or Order Filing 2582 ORDER: A larger courtroom has become available for Mr. Donziger's trial, which will begin at 10:00 a.m. on Monday, November 9. Trial will now be held in Courtroom 26A. Interested members of the public may listen to the trial proceedings telephon ically using the dial-in (888) 363-4734, access code 4645450. Additionally, the parties have informed the Court that they do not wish to sit for trial on Veterans Day. Court will therefore stand in recess on Wednesday, November 11. (Bench Trial set for 11/9/2020 at 10:00 AM in Courtroom 26A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 11/4/2020) (jwh)
October 28, 2020 Opinion or Order Filing 2580 ORDER. For the foregoing reasons: (i) Mr. Donziger's motion to continue trial until after COVID-19 dissipates (dkt. no. 187) is DENIED; (ii) Ms. Regan's motion to withdraw as counsel (dkt. no. 193) is DENIED; (iii) trial is adjourned to 10: 00 a.m. on Monday, November 9; (iv) Mr. Donziger shall submit proposed procedures for remote witness testimony by no later than Monday, November 2 at 5:00 p.m. EST, and the Government shall respond by Wednesday, November 4 at 5:00 p.m. EST; (v) couns el shall confer and inform the Court by no later than November 2 at 5:00 p.m. EST if they do or do not wish to sit on Veteran's day; and (vi) the Court vacates the portion of its October 22 order (dkt. no. 186) directing Mr. Donziger to disclose the subject matter of his witnesses' video testimony. SO ORDERED. (Bench Trial set for 11/9/2020 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/28/2020) (rjm) Entered as doc. no. 196 in case no. 19cr561.
October 24, 2020 Opinion or Order Filing 2578 ORDER: Having considered the parties' submissions, the Court agrees that the appropriate course is to defer ruling on the collateral bar issue until trial, when the Court will have the benefit of a fuller factual record. Accordingly, the Government's motion in limine (dkt. no. 105) is denied without prejudice to renewal at trial. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/24/2020) (va)
October 23, 2020 Opinion or Order Filing 2577 ORDER: For the foregoing reasons, Mr. Donziger's motion to adjourn the trial so that Mr. Zelman can testify in person is DENIED. The Court reserves decision on the remaining issues raised in Mr. Donziger's motion pending the close of briefing. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/23/2020) (va)
October 22, 2020 Opinion or Order Filing 2576 ORDER: Mr. Donziger shall make the disclosures outlined above by no later than October 26 at 9:00 a.m. He shall file his subject matter proffers ex parte and in camera and his proposed procedures for ensuring the reliability of the video testimony on the public docket. The Government may respond to his proposed procedures by October 27 at 5:00 p.m., and Mr. Donziger may reply by October 28 at 5:00 p.m. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/22/2020) (va)
October 20, 2020 Opinion or Order Filing 2573 NOTICE REGARDING TRIAL ATTENDANCE: Mr. Donziger's upcoming trial will be held in Courtroom 12A of the Daniel Patrick Moynihan United States Courthouse. For social distancing purposes, gallery seating will be limited to 13 seats in Court room 12A, with 13 overflow seats available in Courtroom 15A. All seating will be available on a first-come-first-served basis. Interested members of the public may also listen into the trial proceedings telephonically using the dial-in (888) 363-4734, access code 4645450. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/20/2020) (va)
October 5, 2020 Opinion or Order Filing 2571 ORDER: As stated on the record at today's conference, Martin Garbus's oral motion to withdraw as Mr. Donziger's counsel is granted. The Clerk of the Court is directed to terminated Mr. Garbus as a defense attorney in this case. (Signed by Judge Loretta A. Preska on 10/5/2020) (va)
September 29, 2020 Opinion or Order Filing 2570 ORDER: The Prosecution and Mr. Donziger shall appear in Courtroom 12A on Monday, October 5 at 11:30 a.m. for a conference on representation issues and trial witnesses. Mr. Donziger's counsel may attend the conference remotely. SO ORDERED. ( Status Conference set for 10/5/2020 at 11:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 9/29/2020) (va)
September 16, 2020 Opinion or Order Filing 2569 ORDER: The conference scheduled for tomorrow, September 17, is adjourned sine die. The Court will advise the parties of the new conference date in a later order. In the meantime, Mr. Donziger shall comply with the Court's September 2 order directing him to submit a list of witnesses whose testimony the defense proposes to introduce at trial by video. (See dkt. nos. 124, 161, 166.) For each such witness, Mr. Donziger shall describe the subject matter of the expected testimony and the reason why remote testimony is needed. Finally, the parties are advised that the November 4 trial date in this case is firm and will not be modified. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/16/2020) (va)
September 12, 2020 Opinion or Order Filing 2567 ORDER: The Court is in receipt of the Government's letter asking the Court to (i) exclude time under the Speedy Trial Act from September 9 until the start of trial on November 3 and (ii) schedule a conference to confirm Mr. Donziger's trial counsel. (Dkt. no. 169.) With respect to the first request, the Court finds that because Mr. Donziger is the party who moved to postpone the start of trial on September 9, the period between September 9 and November 3 shall be excluded fr om computation under the Speedy Trial Act, to the extent that it applies, in the interest of justice. See 18 U.S.C. § 3161(h)(7)(A). With respect to the second request, Mr. Donziger shall appear in Courtroom 12A on Thursday, September 17 at 11:00 a.m. for a conference on representation issues and trial witnesses. His counsel may attend the conference remotely. SO ORDERED. ( Status Conference set for 9/17/2020 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 9/12/2020) (va)
September 4, 2020 Opinion or Order Filing 2565 ORDER: For the foregoing reasons, Mr. Frisch's motion to vacate (dkt. no. 157) is GRANTED, and trial is adjourned to November 3, 2020, at 10:00 a.m. in Courtroom 12A or such other courtroom as is designated. Counsel shall confer and inform the Court whether they wish to submit trial memoranda and/or proposed findings of fact and conclusions of law and, if so, when they propose to do so. SO ORDERED. ( Bench Trial set for 11/3/2020 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Loretta A. Preska on 9/4/2020) (va)
September 3, 2020 Opinion or Order Filing 2560 ORDER: The Court is in receipt of Mr. Garbus's email of September 3, 2020, attached as Exhibit A to this order, asking if there is any lack of clarity about his refusal to participate in Mr. Donziger's trial. As long as Mr. Garbus 9;s notice of appearance on behalf of Mr. Donziger remains on the docket, he will receive ECF filings and is expected to conduct himself as an officer of the Court on behalf of his client. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/3/2020) (va)
September 2, 2020 Opinion or Order Filing 2559 ORDER. Defense counsel is directed to update their witness list by no later than September 4 at 12:00 p.m. New York time with a letter explaining "on a case-by case basis" why each witness "is unable to attend trial in-person" or why their "attendance would be unduly burdensome." (See dkt. no. 124 at 6.) SO ORDERED. (Signed by Judge Loretta A. Preska on 9/2/20) (yv)
August 31, 2020 Opinion or Order Filing 2554 ORDER: For the foregoing reasons, the Government's motion (dkt. no. 134) for Mr. Zelman to testify by video in accordance with the Government's proposed procedures is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/31/2020) (va)
August 28, 2020 Opinion or Order Filing 2552 ORDER: For the reasons set out above, Mr. Donziger's request for certain discovery relating to any communications between the Special Prosecutors and Judge Kaplan (dkt. no. 131) is denied. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/28/2020) (va) Modified on 8/28/2020 (va).
August 26, 2020 Opinion or Order Filing 2547 ORDER: For the foregoing reasons, Mr. Donziger's motions for reconsideration (dkt. nos. 130, 132) are DENIED. So Ordered. (Signed by Judge Loretta A. Preska on 8/26/2020) (js)
August 24, 2020 Opinion or Order Filing 2540 ORDER: In an abundance of caution, this order is issued to put Mr. Donziger's former lead counsel, Andrew Frisch, who has been conditionally allowed to withdraw, on notice that he may be required to serve as Mr. Donziger's attorney at the trial long scheduled to begin on September 9, 2020; as further set forth herein. If Mr. Donziger's current counsel declines to attend the long-scheduled trial in person and Mr. Donziger finds that unacceptable, or if Mr. Donziger declines to waive any potential conflict with respect to Mr. Friedman and Ms. Littlepage that the Court might find to exist, the condition on which the Court permitted Mr. Frisch to withdraw as Mr. Donziger's counsel--i.e., that his withdrawal "not affect the trial date"--would not be satisfied, and the Court's order conditionally allowing his withdrawal would be null and void. Although it remains to be seen how this situation will play out, out of an abundan ce of caution and so that he can plan, Mr. Frisch is hereby put on notice that he may be called on to handle Mr. Donziger's trial defense, which will commence on September 9, 2020, just as it was scheduled to when Mr. Frisch made his motion. (Signed by Judge Loretta A. Preska on 8/24/2020) (mro)
August 18, 2020 Opinion or Order Filing 2532 ORDER: For the foregoing reasons, Mr. Donziger's request is GRANTED in part and DENIED in part without prejudice to reapplication upon the conclusion of the case. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/18/2020) (va)
August 17, 2020 Opinion or Order Filing 2531 ORDER: Mr. Donziger shall appear in Courtroom 12A in person for the August 24 conference. If none of his attorneys appears in person, Mr. Donziger will be permitted to consult with them privately, as necessary. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/17/2020) (va)
July 29, 2020 Opinion or Order Filing 2520 ORDER: The Court is in receipt of Mr. Donziger's letter dated July 29, 2020 requesting a continuance of the trial date, which is currently set for September 9, 2020. (Dkt. no. 111.) The special prosecutors shall submit a letter advising the Cou rt of their views on Mr. Donziger's request by no later than August 5. Given that this will be a bench trial, the special prosecutors shall also give their views on the possibility of conducting the trial remotely through the use of videoconferencing technology. Mr. Donziger may respond to the special prosecutors submission by letter no later than August 12. (Signed by Judge Loretta A. Preska on 7/20/2020) (cf)
June 23, 2020 Opinion or Order Filing 2507 ORDER: The Court is in receipt of Mr. Friedman's letter dated June 15, 2020, which is attached as Exhibit A to this order, requesting copies of invoices submitted by Seward & Kissel to the Southern District of New York for compensation related to this case. The Prosecution shall inform the Court by letter no later than June 30, 2020 of its views on Mr. Friedmans request. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/23/2020) (jca)
May 13, 2020 Opinion or Order Filing 2495 ORDER ON FEES PAYABLE TO NON-PARTIES JOSHUA RIZACK AND THE RISING GROUP CONSULTING, INC.: In light of the foregoing, the Court awards fees and costs as follows: 1. Chevron shall pay the attorneys' fees and costs incurred by Rizack prior t o December 3, 2013 expended in connection with the Subpoena, including but not limited to negotiation, review and implementation of the Protocol, any motions filed by Chevron or Rizack in connection with the Subpoena or Protocol, and the motions filed by Rizack for recovery of attorneys' fees and costs. To be clear, Chevron remains obligated to also pay the fees and costs incurred by Rizack from December 3, 2019 forward, as previously ordered in the First Fee Order. Chevron shall als o pay all costs incurred by Rizack's forensic expert, Crypsis Group, in attempting to collect fees and costs from Chevron. 2. The fees and costs incurred by Rizack, including but not limited to those of counsel Carlton Fields, P.A. and forensic expert Crypsis Group, are reasonable. The only charges that Chevron shall not be required to pay are those for (a) reviewing and discussing the contempt order against Aaron Marr Page, and (b) discussing, studying, communicating about, and implemen ting assignment of Rizack's .25% interest in the Ecuador judgment to Chevron. 3. By June 2, 2020, Rizack and Crypsis Group shall provide Chevron with revised invoices for fees and costs reflecting deduction of the charges identified in th e previous paragraph. Chevron shall pay the awarded fees and costs no later than June 30, 2020. 4. To the extent not discussed herein, the Court has considered all other arguments raised by Chevron and finds them to be without merit. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/13/2020) Copies transmitted to all counsel of record. (mml) Modified on 5/13/2020 (mml).
May 7, 2020 Opinion or Order Filing 2491 ORDER denying 2463 Motion to Dismiss; denying 2463 Motion for Disclosure; denying 2463 Motion to Disqualify Counsel. ; denying 2463 Motion to Disqualify Judge. To the extent they are not addressed above, the Court has considered Mr. Donziger's remaining arguments and finds them unavailing. For the foregoing reasons, Mr. Donziger's pretrial motions are DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/7/2020) (va)
April 24, 2020 Opinion or Order Filing 2484 ORDER: The Court considers it appropriate to provide Mr. Rizack with an opportunity to reply to Chevron's April 20, 2020 letter. If Mr. Rizack chooses to file a reply letter, he shall do so by May 1, 2020. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/24/2020) (ks)
March 11, 2020 Opinion or Order Filing 2464 MEMORANDUM AND ORDER: Accordingly, the Court's observations upon which DOnziger relies, which were included in what the Court said was "a provisional interim view," were entirely appropriate and unremarkable. In any case, as the S upreme Court made clear in Liteky v. United States, comments based on evidence adduced before a judge are not a basis for recusal even where they reflect a disposition with respect to a litigant. Nor is this the first time that this portion of the Court's 2011 TRO ruling been relied upon as a basis for an attempt to disqualify the undersigned. It was made in the 2011 recusal motion as well, rejected by this Court, repeated in the 2011 mandamus petition, and contested in the an swer to the petition, which, as noted, the Second Circuit denied. Finally, every ruling, question, and comment relied upon in Donziger's motion relates to events prior to trial and final judgment in this action, in some cases in the Section 1782 proceedings that came before them. Donziger appealed from the 2014 final judgment on the merits, which the Court of Appeals affirmed in 2016. Although he challenged several of this Court's legal rulings in that appeal, he did not contest the undersigned's denial of his recusal motion or otherwise argue that the undersigned should have recused himself, although that argument was available to him on direct appeal. That failure alone is fatal to this attempt to breathe new life into the issue. As the Second Circuit has held, "a [district court's] legal decision made at one stage of litigation, unchallenged in a subsequent appeal when the opportunity to do so existed, becomes the law of the case for future stage s of the same litigation, and the parties are deemed to have waived the right to challenge that decision at a later time. The vintage of Donziger's allegations defeats them, as well. An argument for recusal "must be made 'at the ear liest possible moment after obtaining knowledge of such facts demonstrating the basis for such a claim. Donziger's motions rely statements and questions that occurred primarily in 2011. The Court holds that it is not obliged to recuse itself under 28 U.S.C. § 455. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/11/2020) (jca)
February 11, 2020 Opinion or Order Filing 2455 MEMORANDUM OPINION: The motion to quash is denied. Salazar is directed to: 1. Produce to Chevron all documents responsive to the deposition subpoena to which he asserts no claim of privilege no later than March 11, 2020. 2. To the extent a good-f aith argument for privilege may be asserted, produce a privilege log describing, in accordance with Rule 45(e)(2)(A) and Local Rule 26.2, the nature of anyand all documents, communications, or tangible things responsive to the September 17, 2019 d ocument subpoena no later than March 11, 2020. 3. Appear for a deposition at such location and on such date or dates as the parties may agree by written stipulation or, in default of a stipulation, at the Manhattan offices of Chevron's counsel on a date or dates to be fixed by the Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/11/2020) (jca)
January 6, 2020 Opinion or Order Filing 2438 ORDER terminating 2402 Motion for Attorney Fees; terminating 2402 Motion to Stay. This Order resolves the motion of non-parties Johsua Rizack and The Rising Group Consulting, Inc. (collectively "Rizack") for payment of reasonable att orneys' fees and modification of deadlines associated with the subpoena defendant Chevron, Inc. served on Rizack. Having considered the parties' submissions, prior proceedings, the applicable standard under Fed. R. Civ. P. 45(d), and rele vant factors as determined by precedent, the Court orders as follows: 1. Rizack's motion is timely and proper in light of developments following the September 13, 2019 hearing, as further set forth in this Order. 4. Any application for fees mus t be supported by attorney declaration(s) and billing records, which may be filed under seal and served on Chevron in redacted form to the extent those records contain material protected as privileged or attorney work product. 5. The parties shall meet and confer in good faith to reset any deadlines remaining under the Protocol. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 2402. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/6/2020) (mml)
December 9, 2019 Opinion or Order Filing 2412 MEMORANDUM AND ORDER denying without prejudice 2391 Motion in Limine; denying 2405 Motion to Stay. Donziger's letter motion to stay or adjourn the December 12, 2019 hearing, to hold Chevron's motion in abeyance, and to permit his co unsel in the criminal contempt case to make a special appearance or, alternatively, to give Danziger "an opportunity either to address the substance of Chevron's motion or pursue appellate rights [Dkt. 2405] is denied in all respects, 16 provided, however, that the Court has considered the submission by Donziger's criminal defense counsel on United States v. Rylander, 460 U.S. 752, 758 (1983) (holding that a civil contemnor'saffidavit and direct testimony "were prop erly disregarded by the District Court" because he refused to be cross-examined on Fifth Amendment grounds at his contempt hearing). The prayer for alternative relief is denied because Donziger already has had an opportunity to address the su bstance of Chevron's motion but elected not to do so. He had the usual fourteen day period from the filing of Chevron's motion within which to file answering papers and, indeed, sought no extension of that period. He instead moved for a stay or adjournment of the December 12 hearing without addressing the substance of Chevron's motion. He thus knowingly took the risk that his attempt to delay the hearing further would be denied and that Chevron's motion would be decided against him. this occasion and, on appropriate application and for good cause, might do so in the future. Chevron's motion in limine for an order precluding Danziger from refusing on the basis of his Fifth Amendment privilege against self incr imination to answer questions as to whether he has cured his contempt of Paragraph 4 of the Forensic Inspection Protocol Order [Dkt. 2391] denied without prejudice to the assertion of its contentions before the Magistrate Judge. (As further set forth in this Order.). (Signed by Judge Lewis A. Kaplan on 12/9/2019) (cf)
May 23, 2019 Opinion or Order Filing 2209 MEMORANDUM OPINION: re: 2175 MOTION TO HOLD STEVEN DONZIGER IN CONTEMPT OF COURT FOR HIS FAILURE TO COMPLY WITH THE COURT'S MARCH 5, 2019 ORDER filed by Chevron Corporation, 2089 MOTION TO HOLD STEVEN DONZIGER, THE LAW OFFICES OF STEVEN R. DONZIGER, AND DONZIGER ASSOCIATES, PLLC IN CONTEMPT OF COURT FOR THEIR FAILURE TO COMPLY WITH THE RICO AND DEFAULT JUDGMENTS AND THE APRIL 16, 2018 RESTRAINING NOTICE filed by Chevron Corporation, 2178 MOTION TO HOLD STEVEN DONZIGER IN CONTEMPT OF PARAGRAPHS 1 AND 5 OF THE RICO JUDGMENT BASED ON HIS TRANSACTIONS WITH DAVID ZELMAN filed by Chevron Corporation, 2112 MOTION TO HOLD STEVEN DONZIGER, THE LAW OFFICES OF STEVEN R. DONZIGER, AND DONZIGER ASSOCIATES, PLLC IN CONTEMPT OF COURT F OR THEIR FAILURE TO COMPLY WITH THE RICO AND DEFAULT JUDGMENTS AND THE APRIL 16, 2018 RESTRAINING NOTICE filed by Chevron Corporation. Chevron's motions to hold Donziger and Donziger & Associates, PLLC, in civil contempt of court [DI 1968, D I 2089 and DI 2112, DI 2175, and DI 2178] all are granted to the extent hereafter set forth. With respect to Chevrons October 1, 2018 motion [DI 2089, DI 2112]: Donziger is in wilful civil contempt of paragraph 1 of the RICO Judgment by virtue of hi s failure to assign and transfer to Chevron all rights to any contingent fee that he now has or hereafter may obtain including without limitation all such rights under the 2017 Retainer. Unless Donziger previously shall have executed, acknowledged, a nd delivered to Chevron's counsel the form of assignment attached as Exhibit 88 to DI 2091 without any additions, alterations, attachments or addenda (other than to reflect accurately the year in whichthe document was signed), he shall pay a coe rcive civil fine to the Clerk of Court with respect to May 28, 2019 and each subsequent day from that date until the date on which he fully purges himself of this contempt by doing so. The amount of the coercive fine shall begin at $2,000 for Ma y 28, 2019 and shall double for each subsequent day during which Donziger fails fully to purge himself of this contempt. Donziger is in wilful contempt of paragraph 1 of the RICO Judgment by virtue of his profiting in the amount of $666,476.34 f rom the sale of interests in the Ecuador Judgment and his failure to assign and transfer to Chevron that profit, which constitutes property that Donziger has received, or to which he had a right, title or interest, that is traceable to the Ecuador Ju dgment. The Clerk shall enter a second supplemental judgment awarding that sum to Chevron and against Steven Donziger and Donziger & Associates, PLLC, jointly and severally. With respect to the first of Chevron's two motions filed March 20, 2019 [DI 2175]: Donziger is in wilful civil contempt of paragraph 4 of the March 5, 2019 order [DI 2172]. Unless Donziger previously shall have complied fully with each duty imposed upon him by paragraph 4 of the March 5, 2019 order, he shall pay a coerc ive civil fine to the Clerk of Court with respect to May 28, 2019 and each subsequent day from that date until the date on which he fully purges himself of this contempt by doing so. The amount of the coercive fine shall begin at $2,000 for May 28, 2019 and shall double for each subsequent day during which Donziger fails fully to purge himself of this contempt. With respect to the Chevron's second motion filed March 20, 2019 [DI 2178]: Donziger is in wilful civil contempt of paragraph 5 of the RICO Judgment by virtue of his selling, assigning, pledging, transferring or encumbering part of his putative contingent fee interest to David Zelman in exchange for approximately $11,000 worth of personal services. With respect to each of the wilful civil contempts adjudicated herein(paragraphs 1(a), 1(c), 2(a), and 3(a)), plaintiff shall recover of Donziger and Donziger & Associates, PLLC their reasonable attorneys' fees in prosecuting these applications. The parties each sh all file, on or before May 29, 2019 at 1:00 pm, an affidavit or declaration stating whether each of Danziger and Donziger & Associates, PLLC has fully purged him- or itself of each of the civil contempts enumerated in paragraphs 1(a), 1(c), and 2, an d if not, each respect in which he or it has not done so. Nothing herein forecloses the possibility of the Court granting additional coercive relief, including increased fines and other measures, in the event the civil contempts hereinare not fully purged. The foregoing constitute the Court's findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/23/2019) (ama) Modified on 5/23/2019 (ama). (Main Document 2209 replaced on 5/23/2019) (ama).
June 27, 2018 Opinion or Order Filing 2045 MEMORANDUM OPINION ON DONZIGER'S MOTIONS FOR DECLARATORY JUDGMENT AND DISMISSAL, FOR A PROTECTIVE ORDER AND FOR A STAY: For the foregoing reasons, Donziger's motions for a declaratory judgment and other relief [DI 2018], for a protective order [DI 2026], and for "an emergency administrative stay" [DI 2028] all were denied. (Signed by Judge Lewis A. Kaplan on 6/27/2018) (mro)
May 16, 2018 Opinion or Order Filing 2006 MEMORANDUM OPINION. Chevron's motion [DI 1968] is disposed of in part as follows: So much of the motion as seeks a civil contempt adjudication based on violation of paragraph 3 of the judgment is denied without prejudice to further proceedings as indicated above. So much of the motion as seeks leave to conduct discovery with respect to Donziger's compliance with the Judgment is granted save that the timing of such discovery will be resolved by subsequent order. Decision on so mu ch of the motion as seeks a civil contempt adjudication based on alleged violation of paragraph 5 of the judgment relating to the Elliott events is reserved pending a hearing. The hearing will commence on May 22, 2018 at 9:30 a.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/16/2018) (anc)
March 1, 2018 Opinion or Order Filing 1963 MEMORANDUM OPINION (CORRECTED) re: 1928 TAXATION OF COSTS. For the foregoing reasons, Donziger's motion to review the taxation of costs is granted to the extent that the amount taxed for special master expenses is reduced to $741,526.49 and denied in all other respects. A supplemental judgment in the amount of $813,602.71 shall be entered. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/1/2018) (anc)
February 28, 2018 Opinion or Order Filing 1959 MEMORANDUM OPINION re: 1928 TAXATION OF COSTS. For the foregoing reasons, Donziger's motion to review the taxation of costs is granted to the extent that the amount taxed for special master expenses is reduced to $741,526.49 and denied in all other respects. A supplemental judgment in the amount of $813,602.71 shall be entered. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/28/2018) (anc)
December 27, 2017 Opinion or Order Filing 1946 ORDER re: 1942 SPECIAL MASTER'S REPORT. There having been no objections to the Special Masters' Final Report and Recommendation [DI 1942] and the time for filing such objections having expired, the Court hereby adopts the findings set forth therein while reserving for its determination whether to tax all costs against the defendants or, if not, the manner in which such costs shall be apportioned. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/27/2017) (anc)
April 25, 2014 Opinion or Order Filing 1901 MEMORANDUM AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR A STAY PENDING APPEAL re: 1888 EMERGENCY MOTION to Stay. The motion for a stay pending appeal [DI 1888] is granted to the extent that paragraph 3 of the Judgmen t, solely pending the determination of the appeal in this case, is modified to read as follows: "Donziger shall execute in favor of the Clerk of this Court a stock power transferring to the Clerk all of his right, title and interest in his share s of Amazonia. The Clerk shall hold the Amazonia shares thus transferred, and all proceeds thereof,pending the determination of the appeal in this case, for the benefit of Donziger and Chevron, as their interests then may appear. Upon request by Do nziger, given on notice to Chevron at least ten days in advance of the date for the proposed vote, the Clerk shall vote, or direct the owner of record thereof such to vote, such shares as directed by Donziger unless otherwise ordered by the Court. Do nziger and the LAP Representatives, and each of them, shall execute such other and further documents as Chevron reasonably may request or as the Court hereafter may order to effectuate the foregoing provisions of this Judgment." It is denied in all other respects. This opinion includes the Courts findings of fact and conclusions of law. (Signed by Judge Lewis A. Kaplan on 4/25/2014) (cd)
October 10, 2013 Opinion or Order Filing 1529 OPINION ON MOTIONS TO COMPEL AND FOR SANCTIONS re: 893 MOTION for Sanctions / PLAINTIFF CHEVRON CORPORATION'S NOTICE OF MOTION TO SANCTION AND HOLD THE DONZIGER DEFENDANTS AND LAP REPRESENTATIVES IN CONTEMPT OF COURT FOR DISOBEYING THE COUR T'S DISCOVERY ORDERS filed by Chevron Corporation. For the foregoing reasons, Chevron's motion to sanction and hold the Donziger Defendants and the LAP Representatives in contempt of court [DI 893] is granted in part and denied in part as set forth above. (Signed by Judge Lewis A. Kaplan on 10/10/2013) (lmb)
October 7, 2013 Opinion or Order Filing 1500 MEMORANDUM OPINION: The Court has considered all of defendants arguments and concluded that all are without merit. Accordingly, the Court holds that there is no right to trial by jury. The Court declines to order a jury trial in this case. (Signed by Judge Lewis A. Kaplan on 10/7/2013) (djc)
September 9, 2013 Opinion or Order Filing 1407 MEMORANDUM AND ORDER DENYING CONTINUANCE AND STAY OF PROCEEDINGS PENDING DISPOSITION OF MANDAMUS PETITION: denying 1369 Motion for Order to Show Cause. For the foregoing reasons, defendants' motion to for a continuance of the trial and a stay of all other proceedings pending the disposition by the Second Circuit of their petition for a writ of mandamus [DI 1369] is denied. (Signed by Judge Lewis A. Kaplan on 9/9/2013) (lmb) Modified on 9/9/2013 (lmb).
August 22, 2013 Opinion or Order Filing 1362 MEMORANDUM OPINION re: 1348 MOTION for Partial Summary Judgment On Its RICO Claim, Summary Judgment on Certain Affirmative Defenses, and an Order Establishing Findings of Fact Pursuant to Fed. R. Civ. P. 56(g) filed by Chevron Corporation. Plaintiffs' motion for partial summary judgment [DI 1348] is denied insofar as it seeks "(1) an order finding that the facts set forth in Chevron's accompanying Rule 56.1 Statement of Facts have been 'established in this case' ; (Rule 56(g)); (2) partial summary judgment on Chevron's claim under 18 U.S.C. § 1962(1) to the effect that Defendant Stephen R. Donziger committed predicate acts of wire fraud (18 U.S.C. § 1343);" and (3) partial summary judgmen t dismissing defendants' defenses of collateral estoppel based on the Judgment. The Court does not now decide the balance of the motion. Answering and reply papers with respect thereto shall be served and filed no later than September 29, 2013, and October 6, 2013, respectively. (Signed by Judge Lewis A. Kaplan on 8/22/2013) (mro)
August 9, 2013 Opinion or Order Filing 1333 MEMORANDUM AND ORDER granting in part and denying in part 1194 Motion to Compel; granting in part and denying in part 1195 Motion to Compel. For the foregoing reasons, Chevron's motion to compel as against Mr. Donziger (Docket no. 1194) and its motion to compel as against Mr. Naranjo and Mr. Payaguaje (Docket no. 1195) are each granted in part and denied in part as discussed above. These defendants shall produce amended privilege logs within two weeks of the date of this order. In addition, within that same time Mr. Donziger shall produce all documents identified as having been improperly withheld. (Signed by Magistrate Judge James C. Francis on 8/9/2013) Copies Mailed By Chambers. (lmb)
July 29, 2013 Opinion or Order Filing 1321 MEMORANDUM OPINION re: 696 MOTION to Dismiss filed by Chevron Corporation. For the foregoing reasons, Chevron's motion to dismiss the Donziger Defendants' counterclaims [DI 696] is granted. (Signed by Judge Lewis A. Kaplan on 7/29/2013) (mro) Modified on 7/29/2013 (mro).
June 28, 2013 Opinion or Order Filing 1276 MEMORANDUM OPINION:For the foregoing reasons, the motion [DI 1193] is granted to the extent that Chevronshall make the production for in camera inspection described above. It is denied in all otherrespects. (Signed by Judge Lewis A. Kaplan on 6/28/2013) (js)
May 14, 2013 Opinion or Order Filing 1151 MEMORANDUM AND OPINION re: 959 MOTION for Reconsideration re; 905 Memorandum & Opinion Memorandum of Law in Support of Defendants' Joint Motion to Reconsider the Court's March 15, 2013 Order Regarding Chevron's Subpoena to Patto n Boggs. MOTION for Reconsideration re; 905 Memorandum & Opinion Memorandum of Law in Support of Defendants' Joint Motion to Reconsider the Court's March 15, 2013 Order Regarding Chevron's Subpoena to Patton Boggs filed b y Javier Piaguaje Payaguaje, The Law Offices of Steven R. Donziger, Hugo Gerardo Camacho Naranjo, Steven Donziger. For the foregoing reasons, defendants' motion for reconsideration [DI 959] is granted. On reconsideration, the Court adheres to the result previously reached. The discussion of the Prieto e-mail in the Opinion will be amended to reflect the final point made above. (Signed by Judge Lewis A. Kaplan on 5/14/2013) (mro)
May 7, 2013 Opinion or Order Filing 1119 MEMORANDUM AND ORDER denying 1065 Motion to Quash; denying 1067 Motion to Quash; denying 1069 Motion to Quash. For the reasons discussed above, Chevron's motions to quash the depositions of Mr. Watson (Docket no. 1067), Mr. Scott (Docket no. 1065), and Kroll (Docket no. 1069) are each denied. (Signed by Magistrate Judge James C. Francis on 5/7/2013) Copies Mailed By Chambers. (lmb)
March 15, 2013 Opinion or Order Filing 905 OPINION: PB shall produce documents responsive to the following specifications, as modified by the November 2012 Order: 2, 14, 18, 19, 21, 22, 26, 28 through 32, 35, 49, and 55 though 58 and, in addition, specification 20 insofar as it seeks document s described in the margin. To the extent PB claims that any documents responsive to these requests are protected by the attorney-client privilege or the protection afforded to "opinion" work product, such claims shall be asserted in conform ity with S.D.N.Y. Local Civil Rule 26.2. To the extent PB claims that any documents responsive to these requests constitute fact work product, Chevron has overcome its burden, and PB must produce them. Production both of documents and the privilege log shall take place on a rolling basis commencing no later than March 28, 2013, with continuing production of each to occur no less than weekly.The Court recognizes that there is some uncertainty in present circumstances as to how quickly compliance reasonably can be achieved. For the present, the complete privilege log shall be due and production of all responsive documents not scheduled on the privilege log shall be completed on or before May 1, 2013. While the Court will consider a well supported request for additional time, any motion for an extension of the May 1 date shall made no later than April 14, 2013. (Signed by Judge Lewis A. Kaplan on 3/15/2013) (mro)
February 21, 2013 Opinion or Order Filing 843 MEMORANDUM OPINION: #102920 (CORRECTED): Plaintiff Chevron Corporation moved for a protective order preventing defendants from disclosing two witness declarations that have been filed under seal, from revealing or identifying information concerning t he witnesses, except to counsel of record who have appeared in this action. The dispute that gave rise to the motion concerned principally whether the protection available under a previous protective order should be expanded to include, among other r estrictions, the prohibition of disclosure of the witnesses' identities and statements to Ecuadorian counsel in the Lago Agrio litigation, among others. On February 14, 2013, the Court granted Chevron's motion in significant part and enter ed a protective order barring defendants from disclosing either of the Doe declarations, or any identifying information about Doe 1 or Doe 2 that has been redacted from other declarations, to anyone other than counsel of record in this action except with prior leave granted on notice to plaintiff and upon such conditions as the Court may impose. The foregoing sets forth the reasoning and amplifies the findings underlying the Court's February 14 order and constitutes findings of fact and conclusions of law for the purposes of this motion. (Signed by Judge Lewis A. Kaplan on 2/21/2013) (mro) Modified on 2/21/2013 (jab).
December 19, 2012 Opinion or Order Filing 679 MEMORANDUM OPINION: Plaintiffs motion for a protective order is granted to the extent indicated herein. The LAP Representatives shall not seek to enforce the subpoenas listed in Dkt. 667 Ex. 1 nor obtain any documents or other things pursuant to them . This ruling is without prejudice to an application by the LAP Representatives, following the determination of plaintiffs objections to the outstanding requests for production of documents, for leave to seek to enforce any portions of the subpoenas directed to Beard, Kroll and Stroz enforcement of which is not foreclosed by this Courts rulings on those objections. (Signed by Judge Lewis A. Kaplan on 12/19/2012) (ft)
July 31, 2012 Opinion or Order Filing 550 OPINION ON PARTIAL SUMMARY JUDGMENT MOTION. The issues before the Court are whether (a) there is a genuine issue as to any fact material to the bases on which Chevron seeks dismissal of the res judicata-collateral estoppel defense, and (b) Chevron is entitled to that relief as a matter of law, and (c) Chevron in any case is entitled to judgment based on the law of former adjudication without regard to the recognizability or enforceability of the Judgment. Thus, the question is not whether the Co urt thinks it likely that Chevron ultimately will prevail on these arguments. The crux of the motion is the contention that the Lago Agrio Judgment should not be recognized or enforced by reason of fraud. As the foregoing demonstrates, the LAPs' procurement of the termination of judicial inspections, the adoption of the global assessment, and the appointment of Cabrera all unquestionably were tainted. The secret participation of the LAP team in Cabreras activities and its secret drafting of the bulk of Cabrera's report were tainted as well. Moreover, there are serious questions concerning the preparation of the Judgment itself in view of the identity between some portions of the Judgment and the Unfiled Fusion Memo, especially in light of the undisputed pattern of ex parte advocacy in the Lago Agrio Litigation and the undisputed instance of the LAP team's coercion of and duress on one of the judges to obtain a desired result. But it cannot be said at this stage of the pr oceedings that Chevron is entitled to a determination in its favor as to the recognizability and enforceability of the Judgment or the collateral estoppel defense in view of the issues as to whether any of this materially affected Chevron's abil ity fully to present its defense or corrupted the judicial process so as to warrant such a determination. The Court, however, has reached a different conclusion as to res judicata. Accordingly, Chevron's motion for partial summary judgment dismi ssing the LAP Representatives and the Donziger Defendants' affirmative defenses of res judicata and collateral estoppel [DI 396] is granted to the extent that the res judicata defenses are dismissed but otherwise denied. Re: 396 MOTION for Sum mary Judgment CHEVRON CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' AFFIRMATIVE DEFENSES OF RES JUDICATA AND COLLATERAL ESTOPPEL filed by Chevron Corporation. (Signed by Judge Lewis A. Kaplan on 7/31/2012) (rjm)
May 14, 2012 Opinion or Order Filing 468 OPINION ON MOTION TO DISMISS AMENDED COMPLAINT re: 302 MOTION to Dismiss (Notice of Motion to Dismiss Chevron Corporation's Amended Complaint). filed by Donziger & Associates, PLLC, The Law Offices of Steven R. Donziger, Steven Donzige r. For the foregoing reasons, the Donziger Defendants motion to dismiss the amended complaint [DI 302] is granted to the extent that so much of the third claim for relief as is premised on detrimental reliance by Chevron and the fourth through sixth claims for relief all are dismissed, provided, however, that the dismissal of the claim for damages asserted in the sixth claim for relief is dismissed only as premature. The motion is denied in all other respects. (Signed by Judge Lewis A. Kaplan on 5/14/2012) (djc)
April 2, 2012 Opinion or Order Filing 459 MEMORANDUM OPINION: Chevrons motion to exonerate the preliminary injunction bond issued by this Court [DI 423] is granted in all respects. The bond is exonerated and discharged. (Signed by Judge Lewis A. Kaplan on 4/2/2012) (ft) (Main Document 459 replaced on 4/2/2012) (ft).
January 6, 2012 Opinion or Order Filing 377 MEMORANDUM AND OPINION re: 353 MOTION for Attachment Defendants' Assets / CHEVRON CORPORATION'S NOTICE OF MOTION FOR AN ORDER OF ATTACHMENT AND OTHER RELIEF filed by Chevron Corporation. For the foregoing reason, Chevrons motion f or an order of attachment and other relief [DI 353] is denied. Insofar as this order declines to lift the stay of proceedings in this action, it is without prejudice to renewal following the Circuits ruling on Chevrons pending motion in No. 11-1150 and receipt of a certified translation of the Ecuadorian appellate decision. (Signed by Judge Lewis A. Kaplan on 1/6/2012) (mro)
August 17, 2011 Opinion or Order Filing 348 MEMORANDUM OPINION re: (49 in 1:11-cv-03718-LAK -JCF) MOTION to Strike CHEVRON CORPORATION'S NOTICE OF MOTION AND MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS REGARDING CERTAIN DEFENSES ASSERTED BY DEFENDANTS STEVEN DONZIGER, THE LAW OFFICES OF STEVEN DONZIGER, DONZIGER & ASSOCIATES, PLLC, HUGO G filed by Chevron Corporation, (42 in 1:11-cv-03718-LAK -JCF) MOTION for Leave to File Amended Answer to Amended Complaint, Separate Defenses and Jury Trial Demand filed by Javier Piaguaje Payaguaje , Hugo Gerardo Camacho Naranjo. For the foregoing reasons, (1) the LAP Representatives amended answer to the amended complaint, improperly filed without leave of Court [DI 63] is stricken; (2) the LAP Representatives motion for leave to file an amend ed answer to the amended complaint [DI 42] is granted. Chevrons motion for judgment on the pleadings dismissing certain defenses of the LAPs answer to the amended complaint or for other relief [DI 49] is deemed applicable to the amended answer to the amended complaint and granted to the extent that the twenty-eighth and thirty-first defenses and so much of the thirtieth defense as is (a) based upon anything other than the points noted in the text and (b) addressed to anything other than Chevrons claim for injunctive is granted. The latter motion is otherwise denied. These rulings are made only with respect to Action No. 2 and thus do not resolve this motion with respect to Donzigers defenses because he is not a party to this action. To the extent, if any, that these issues are pertinent to Action No. 1, the Court reserves decision. (Signed by Judge Lewis A. Kaplan on 8/17/2011) (mro)
June 28, 2011 Opinion or Order Filing 343 MEMORANDUM OPINION re: (40 in 1:11-cv-03718-LAK -JCF) MOTION to Compel Pablo Fajardo Mendoza, Juan Pablo Senz, Julio Prieto Mndez, and Luis Yanza to appear for deposition filed by Chevron Corporation. For the foregoing reasons, plaintiff's motion to compel [DI 40] is denied. (Signed by Judge Lewis A. Kaplan on 6/28/2011) (tro)
May 31, 2011 Opinion or Order Filing 327 MEMORANDUM OPINION: Donzigers motion to intervene [DI 292] is granted to the limited extent, and on the limited basis, set forth above. It is denied in all other respects. The Court, however, retains flexibility over the scope of intervention to ensu re that it does not unduly delay the resolution of the Count 9 Action or prejudice the parties. It stands ready to consider changes to this order, should circumstances warrant, as the matter proceeds. (Signed by Judge Lewis A. Kaplan on 5/31/2011) (tro)
May 9, 2011 Opinion or Order Filing 310 MEMORANDUM OPINION. This Court has considered this motion with the great care that it deserves. Informed persons, knowing and understanding all of the myriad and complex facts of these extensive proceedings, and putting aside the rhetoric and other d evices deployed here by the LAP Representatives, readily would see that the Court's rulings have been firmly grounded in the law and the evidence. There is no objective reason to think that it has been anything less than entirely impartial. The motion to recuse the undersigned [DI 284] is denied. (Signed by Judge Lewis A. Kaplan on 5/9/11) (rjm) Modified on 5/9/2011 (rjm).
April 15, 2011 Opinion or Order Filing 278 MEMORANDUM OPINION; The interests of justice, convenience, the avoidance of prejudice, and the desirability of an expedited resolution of Count 9 all support conducting a separate trial on that claim. Chevrons motion to bifurcate Count 9 therefore is granted. The Court, however, retains complete flexibility to ensure that the matter is handled appropriately and that any Seventh Amendment rights are preserved. It therefore will stand ready to consider changes to this order, should circumstances warrant, as the matter proceeds. Additional relief as set forth in this Order. (Signed by Judge Lewis A. Kaplan on 4/15/11) (pl)
March 7, 2011 Opinion or Order Filing 181 OPINION granting in part and denying in part motion for preliminary injunction. (re: DI 4 Order to Show Cause) (Signed by Judge Lewis A. Kaplan on 3/7/2011) (jar)
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Plaintiff: Chevron Corporation
Represented By: Scott A Edelman
Represented By: Kristen Luise Hendricks
Represented By: Randy M. Mastro
Represented By: Andrea E. Neuman
Represented By: William Edward Thomson
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Defendant: Steven Donziger
Represented By: Paula Lenore Blizzard
Represented By: William S. Hicks
Represented By: John W. Keker
Represented By: Jan Nielsen Little
Represented By: Elliot Remsen Peters
Represented By: Nikki H. Vo
Represented By: Matthew M. Werdegar
Represented By: Christopher J. Young
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Defendant: The Law Offices of Steven R. Donziger
Represented By: Paula Lenore Blizzard
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Defendant: Frente de Defensa De La Amazonia
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Defendant: Stratus Consulting , Inc.
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Defendant: Narcisa Aida Tanguila Narvaez
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Defendant: Bertha Antonia Yumbo Tanguila
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Defendant: Jose Gabriel Revelo Llore
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Defendant: Maria Magdalena Rodriguez Barcenes
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Defendant: Hugo Gerardo Camacho Naranjo
Represented By: Julio Cesar Gomez
Represented By: F. Gerald Maples
Represented By: Carlos A. Zelaya, II
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Defendant: Jose Miguel Ipiales Chicaiza
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Defendant: Heleodoro Pataron Guaraca
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Defendant: Luisa Delia Tanguila Narvaez
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Defendant: Lourdes Beatriz Chimbo Tanguil
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Defendant: Maria Hortencia Viveros Cusangua
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Defendant: Segundo Angel Amanta Milan
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Defendant: Octavio Ismael Cordova Huanca
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Defendant: Elias Roberto Piyahuaje Payahuaje
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Defendant: Javier Piaguaje Payaguaje
Represented By: Julio Cesar Gomez
Represented By: F. Gerald Maples
Represented By: Carlos A. Zelaya, II
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Defendant: Daniel Carlos Lusitande Yaiguaje
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Defendant: Benancio Fredy Chimbo Grefa
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Defendant: Guillermo Vicente Payaguaje Lusitante
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Defendant: Delfin Leonidas Payaguaje Payaguaje
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Defendant: Alfredo Donaldo Payaguaje Payaguaje
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Defendant: Miguel Mario Payaguaje Payaguaje
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Defendant: Teodoro Gonzalo Piaguaje Payaguaje
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Defendant: Fermin Piaguaje Payaguaje
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Defendant: Reinaldo Lusitande Yaiguaje
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Defendant: Luis Agustin Payaguaje Piaguaje
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Defendant: Emilio Martin Lusitande Yaiguaje
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Defendant: Simon Lusitande Yaiguaje
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Defendant: Armando Wilfrido Piaguaje Payaguaje
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Defendant: Angel Justino Piaguage Lucitant
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