-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

the basis of Article 2260 of the Civil Code (currently Article 2236 of the Civil
Code), those claims must proceed against the current operator and possessor of
the concession area (and one of the Releasees of TexPet)—state-owned
Petroecuador. 20
7. Propriety of the Consortium’s Operations: The operations of the Consortium
while TexPet was the operator complied with prevailing law and practices at the
time, and any alleged impact that oil exploration operations have had on the
lands in question were not caused by TexPet’s operations, but rather have been
caused by intervening actions of the Ecuadorian State (e.g., colonization and
deforestation) or the sole and subsequent operations of Petroecuador in those
lands. 21
III.
The Proceedings
The presiding judge declined to rule on Chevron’s motion to dismiss for lack of
jurisdiction and immediately ordered that the litigation continue under the summary
verbal procedure, and directed the parties to proceed to the evidentiary phase of the
case.
Since 2003, a record of nearly 200,000 pages has been amassed. Your Honor is
the sixth judge to preside over this case, and has done so for only eight months. Still
ongoing are defendant’s good faith efforts to unmask further evidence regarding
plaintiffs’ egregious bad faith misconduct during the evidentiary phase of this case,
including at least one example of them submitting fraudulent expert reports and several
instances of improper collusion with the purportedly “neutral” experts they nominated.
Given the size of the record, and the important processes still unfolding that
demonstrate the fraud in which the plaintiffs have engaged, it was improper for Your
Honor to have ordered autos para sentencia given that, in any event, due process,
prudence, and procedural rules demand acceptance and consideration of all evidence
relating to the plaintiffs’ fraudulent acts in this Court before entering any judgment.
ARGUMENTS FOR THE DEFENSE
CHAPTER I.
THIS COURT HAS NO JURISDICTION OVER CHEVRON
A scrupulous and diligent analysis of the evidence is required at the beginning of
the case where it is alleged that a foreign person is subject to the jurisdiction of the
Ecuadorian judicial system, as this affects the competency of the Court and the
wrongful assertion of jurisdiction could cause serious prejudice to the foreign person.
20 Answer as Read into the Record, § II.C.3, filed Oct. 21, 2003 at 9:10 a.m., Record at 243-67,
264v.
21 Answer as Read into the Record, § II.B.1.5, II.B.3.3, II.B.4.1, filed Oct. 21, 2003 at 9:10 a.m.,
Record at 243-67, 253v, 258-58v.
CERT. INTERMARK VER: JD
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