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

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5.2 The Plaintiffs’ Complaint Is Barred by the Res Judicata Effect of the Government Settlements ...................................................................... 151 5.2.1 The Municipal and Provincial Settlements ................................. 152 5.2.2 The Settlement with the Government of Ecuador and Petroecuador ............................................................................. 155 5.2.3 The Government of Ecuador and the Local Governments Acted on Behalf of Their Citizens ............................................... 157 5.2.4 The Settlement Agreements Signed with the Government of Ecuador and the Local Governments Are Res Judicata ............. 160 5.3 The Plaintiffs’ Request for Damages Is Also Barred by the Principle of Non-Retroactivity .............................................................................. 165 5.3.1 The Principle of Non-Retroactivity .............................................. 165 5.3.2 The Plaintiffs’ Claim for Damages Is Based upon the Impermissible Retroactive Application of the EMA ..................... 166 5.3.2.1 Pre-1990 Causes of Action ................................... 167 5.3.2.2 Post-1990 Causes of Action ................................. 169 5.3.2.3 The Plaintiffs’ Request for Damages Necessarily Is Premised upon the 1999 EMA ....... 170 5.3.3 The Cause of Action Granted by the EMA Constitutes a Substantive Change in the Law and Thus Cannot Be Applied Retroactively .............................................................................. 175 CHAPTER VI . THIS COURT IS LIMITED TO THE CLAIMS MADE BY THE PLAINTIFFS .................................................................................................... 177 6.1 The Principle of Congruency ................................................................. 177 6.2 The Plaintiffs Asserted Specific and Limited Claims in Their Complaint .............................................................................................. 180 6.3 Improper Attempts to Amend and Expand the Complaint in Violation of the Code of Civil Procedure ............................................... 182 CHAPTER VII . THE PLAINTIFFS HAVE NOT PROVEN ESSENTIAL FACTUAL ELEMENTS OF THEIR TORT CLAIM ............................................................. 190 7.1 The Plaintiffs Have Failed to Prove Negligence, Damage, and Causation .............................................................................................. 190 7.2 Plaintiffs Have Failed to Prove Negligence or Intent ............................. 192 7.3 Plaintiffs Have Not Proven the Allegations of Damages Pled in Their Complaint .................................................................................... 193 -iv- CERT. INTERMARK VER: JD
7.3.1 Plaintiffs Have Failed to Prove That Chevron Is Responsible for Environmental Remediation .................................................. 196 7.3.2 Plaintiffs Have Failed to Prove That Chevron Is Responsible for Public Costs of Healthcare in the Oriente. ............................ 213 7.4 The Damages Sought by Plaintiffs Apart from Those Pled in the Complaint Are Extra Petita and Unsupported by Both the Law and the Evidence ......................................................................................... 215 7.4.1 There Is No Credible Evidence of Excessive Cancer Deaths in the Oriente ............................................................................. 215 7.4.2 There Is No Credible Evidence That Chevron Is Liable for Damage to Indigenous Territory and Culture ............................. 223 7.4.3 There Is No Credible Evidence of Natural Resource Damages .............................................................................. 228 7.4.4 There Is No Credible Evidence That Would Require Chevron to Pay for Improvements to Petroecuador’s Petroleum Operations Infrastructure ........................................................... 231 7.4.5 There Is No Credible Evidence That Would Require Chevron to Fund a New Potable Water System ....................................... 233 7.4.6 Any Request for Punitive Damages Based on an Unjust Enrichment Theory Is Baseless .................................................. 236 7.5 The Plaintiffs Have Not Even Attempted to Link the Alleged Harms or Threats of Harm to the Consortium’s Operations ............................. 248 7.6 Although Chevron Bears No Duty to Offer Evidence, It Has Proven That the Plaintiffs’ Case Is Devoid of Merit ........................................... 252 7.7 Application of New Constitutional Provisions Is Improper and Would Deny Chevron Due Process ................................................................. 253 PRAYER FOR RELIEF .............................................................................................. 255 -v- CERT. INTERMARK VER: JD
Page 1 and 2: TO THE SUBROGATE PRESIDENT OF THE P
Page 3: 3.4.3 Mr. Cabrera’s Fieldwork Was
Page 7 and 8: the arguments in the Cabrera Report
Page 9 and 10: negligence where TexPet was directl
Page 11 and 12: they not only secretly conspired us
Page 13 and 14: has repeatedly shown to be corrupte
Page 15 and 16: plaintiffs’ egregious and fraudul
Page 17 and 18: to annul the rulings of Judge Núñ
Page 19 and 20: filed on September 16, 2010 at 5:15
Page 21 and 22: after the conclusion of the evident
Page 23 and 24: conditions in the Amazon region rel
Page 25 and 26: during Consortium operations, Chevr
Page 27 and 28: alleged liability and obligations w
Page 29 and 30: the basis of Article 2260 of the Ci
Page 31 and 32: 1.1 Chevron Never Operated in Ecuad
Page 33 and 34: Plaintiffs allege that this corpora
Page 35 and 36: in the complaints in the[] U.S. act
Page 37 and 38: If the plaintiffs had timely sued T
Page 39 and 40: 2.1 The Plaintiffs Submitted Fabric
Page 41 and 42: As Dr. Calmbacher’s testimony ind
Page 43 and 44: were “choreographed”; just “a
Page 45 and 46: in working clandestinely and in col
Page 47 and 48: Rather, he worked alongside, and on
Page 49 and 50: During this meeting of March 3, 200
Page 51 and 52: course you really have to be comfor
Page 53 and 54: David Mills, another of plaintiffs
Page 55 and 56:
consultants—it can no longer be c
Page 57 and 58:
ecome the Cabrera Report, a note ob
Page 59 and 60:
assembled a team of experts” beca
Page 61 and 62:
And even Mr. Donziger himself predi
Page 63 and 64:
from the supplemental report’s an
Page 65 and 66:
Mr. Cabrera repeatedly promised to
Page 67 and 68:
• Mr. Cabrera breached his obliga
Page 69 and 70:
Second, to exaggerate his volume fi
Page 71 and 72:
headquarters in Quito. The recordin
Page 73 and 74:
(viii) The award will be made in pa
Page 75 and 76:
Chevron which are unreasoned, viola
Page 77 and 78:
complete investigation, particularl
Page 79 and 80:
was submitted, Mr. Donziger told th
Page 81 and 82:
this case by completely dismissing
Page 83 and 84:
mechanism—a second, ad hoc eviden
Page 85 and 86:
attempted to confirm, it recognized
Page 87 and 88:
equested that Judge Ordóñez be re
Page 89 and 90:
protocols for analyzing samples tak
Page 91 and 92:
The plaintiffs first tried, in Janu
Page 93 and 94:
Accordingly, Chevron opposed the re
Page 95 and 96:
possibility to defend itself, refut
Page 97 and 98:
seen conceding in the Crude outtake
Page 99 and 100:
eport could be analyzed by the cour
Page 101 and 102:
lacked those qualifications. Indeed
Page 103 and 104:
and the installation of geomembrane
Page 105 and 106:
guessing . . . always confused.”
Page 107 and 108:
samples of doubtful origin and inad
Page 109 and 110:
Indeed, although Mr. Cabrera stated
Page 111 and 112:
degree of scientific certainty that
Page 113 and 114:
pathways”-to “recommend that th
Page 115 and 116:
ecommended an economic value of bil
Page 117 and 118:
Chevron also invoked its constituti
Page 119 and 120:
postponed a decision. 497 For insta
Page 121 and 122:
“was not engaging in any exercise
Page 123 and 124:
jurisdiction over Chevron. Then, as
Page 125 and 126:
hasten a large judgment against Che
Page 127 and 128:
Mr. Berlinger recently corroborated
Page 129 and 130:
with him.” 536 The plaintiffs eve
Page 131 and 132:
has “the most ridiculous legal cu
Page 133 and 134:
Government “already [knew] about
Page 135 and 136:
gathering evidence” against Chevr
Page 137 and 138:
amount of money, and there are no a
Page 139 and 140:
ecommended dismissal of the 2003 cr
Page 141 and 142:
to settle the civil case. 608 Docum
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that the Government was managing Ju
Page 145 and 146:
essential formalities with nullity
Page 147 and 148:
4.2 Nullity Due to This Court’s L
Page 149 and 150:
oth on the provisions of the Civil
Page 151 and 152:
4.4 Nullity Due to the Lack of Lega
Page 153 and 154:
The common legal representative’s
Page 155 and 156:
continue to hear [the case] until t
Page 157 and 158:
the right to bring all indivisible
Page 159 and 160:
Each municipal suit was settled in
Page 161 and 162:
Like the local governments, the Gov
Page 163 and 164:
These services were to be administe
Page 165 and 166:
5.2.4 The Settlement Agreements Sig
Page 167 and 168:
elease collective claims based on t
Page 169 and 170:
effect of administrative acts “is
Page 171 and 172:
i.e., to the inability to anticipat
Page 173 and 174:
This was expressly acknowledged by
Page 175 and 176:
plaintiffs’ alleged claims, it co
Page 177 and 178:
the complaint.” 768 Accordingly,
Page 179 and 180:
management of natural resources, an
Page 181 and 182:
Article 43 created a new course [si
Page 183 and 184:
plaintiff shall not amend it, nor s
Page 185 and 186:
Because the complaint sought compen
Page 187 and 188:
category of damages we possibly can
Page 189 and 190:
ecovery for such a claim must go di
Page 191 and 192:
v. “Recovery of the land and cult
Page 193 and 194:
Plaintiffs’ argument is wrong on
Page 195 and 196:
damages, based on conduct preceding
Page 197 and 198:
7.2 Plaintiffs Have Failed to Prove
Page 199 and 200:
tripled the requested damages from
Page 201 and 202:
damages. Moreover, the new reports
Page 203 and 204:
conditions and liabilities within t
Page 205 and 206:
ing them below 1,000 mg TCLP-TPH pe
Page 207 and 208:
The areas remediated by TexPet requ
Page 209 and 210:
cleanup of the very sites in questi
Page 211 and 212:
water resource, under any hypotheti
Page 213 and 214:
None of this could have been a surp
Page 215 and 216:
with TexPet. 927 In September 2007,
Page 217 and 218:
excess of what any similar remediat
Page 219 and 220:
plaintiffs’ proposed plans to ins
Page 221 and 222:
extra petita. In all events, any su
Page 223 and 224:
epresentative of the Frente—the n
Page 225 and 226:
establish a causal connection betwe
Page 227 and 228:
Stratus, the paid consultants hired
Page 229 and 230:
eached by disregarding the data pro
Page 231 and 232:
As the Government had intended, col
Page 233 and 234:
equests for damages. 1021 For examp
Page 235 and 236:
of a particular hazardous substance
Page 237 and 238:
Agreement, Scope of Work, and RAP,
Page 239 and 240:
detected. However, none of these co
Page 241 and 242:
contamination. 1050 This Court shou
Page 243 and 244:
enrichment for the victim.” 1062
Page 245 and 246:
accord, and acknowledge that a clai
Page 247 and 248:
In any event, even if an unjust enr
Page 249 and 250:
Second, since TexPet already undert
Page 251 and 252:
• With regard to pit remediation,
Page 253 and 254:
away from the figures” in the pla
Page 255 and 256:
maintained, and corroded pipelines.
Page 257 and 258:
the claimed health effects they all
Page 259 and 260:
Article 7(20) of the Civil Code pro
Page 261 and 262:
3. As Your Honor is aware since it
Page 263:
g) Total lack of effective and time
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-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

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