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

does not adhere to the law and what we need.” 105 Outtakes from the documentary
Crude also reference a series of clandestine, collusive, and ex parte meetings during
which plaintiffs’ representatives successfully pressure Judge Yánez to appoint
Mr. Cabrera. 106 One meeting is actually captured on camera. 107 Even Mr. Donziger has
admitted that the judge “never would have done [the appointment] had we not really
pushed him” at those meetings. 108 (During one of those meetings, Judge Yánez
violated his obligation of impartiality and acted in the plaintiffs’ favor by actually
suggesting that it would be effective, as a “symbolic thing . . .from a publicity point of
view,” to swear in Mr. Cabrera at “one of the affected wells or a station.” 109 On account
of his evident partiality, as reflected by his provision of public-relations advice to
plaintiffs, all of Judge Yánez’s orders—including the appointment of Mr. Cabrera—must
be declared null and void. 110 ) This is how, having obtained their desired appointment,
the plaintiffs schemed to corrupt this global expert-assessment process from the very
start.
The global assessment process was intended to be a neutral process conducted
by independent experts. However, as stated by one of plaintiffs' consultants, it ended
up “being a project that's . . . designed to benefit the . . . plaintiffs.” 111 Although this filing,
for ease of reference, will continue to refer to the “Cabrera” Report or the work of Mr.
Cabrera, those are misnomers: Mr. Cabrera acted neither impartially nor independently.
105 Diary of Steven Donziger, entry dated Sept. 13, 2006, attached as Annex 1 to Chevron’s Third
Supplemental Motion for Terminating Sanctions, filed Dec. 20, 2010 at 4:30 p.m., at 39 (DONZ00027256);
see also E-mail from Steven Donziger to Joseph Kohn, dated Jul. 26, 2006 at 4:22 p.m., attached as
Annex 1 to Chevron’s Third Supplemental Motion for Terminating Sanctions, filed Dec. 20, 2010 at 4:30
p.m., at 1 (DONZ00023182) (“The judge, who is on his heels from the charges of trading jobs for sex in
the court, said he is going to accept our request to withdraw the rest of the inspections save the four we
still want to do. This follows our press conference Monday . . . . The judge also I believe wants to
forestall the filing of a complaint against him by us, which we have prepared but not yet filed.”).
106 See Transcript of Crude Outtakes, attached as Exhibit 5 to Chevron’s Supplemental Motion for
Terminating Sanctions, filed Sept. 14, 2010 at 11:10 a.m., (CRS-158-02-06); see also Transcript of
Crude Outtakes, attached as Exhibit 5 to Chevron’s Supplemental Motion for Terminating Sanctions, filed
Sept. 14, 2010 at 11:10 a.m., (CRS-347-00-01); Transcript of Crude Outtakes, attached as Annex 1 to
Chevron’s Motion filed Sept. 16, 2010 at 4:35 p.m., (CRS-158-02-07).
107 Transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at
4:35 p.m. (CRS 345-02-05).
108 Transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at
4:35 p.m. (CRS 361-11-01). Ms. Atossa Soltani, the founder and director of Amazon Watch, is also
shown on tape asking Judge Yánez why he has not yet appointed a global expert, further illustrating the
pressure plaintiffs put on the Court. Transcript of Crude Outtakes, attached as Annex 3 to Chevron’s
Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m. (CRS 347-00-02).
109 Transcript of Crude Outtakes, attached as Exhibit 5 to Chevron’s Supplemental Motion for
Terminating Sanctions, filed Sept. 14, 2010 at 11:10 a.m., (CRS-158-02-06).
110 See Chevron Motion, filed Dec. 21, 2010 at 10:50 a.m.; Chevron Motion, filed Sept. 23, 2010
at 9:50 a.m.; see 2008 Const. art. 76(7)(a), (k); see also Organic Code of the Judiciary art. 9.
111 Transcript of Crude Outtakes, attached as Annex 3 to Chevron’s Second Supplemental Motion
for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m. (CRS 197-00-05).
CERT. INTERMARK VER: JD
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