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

corrected.” 214 Maldonado explicitly states that the meeting is for the global assessment,
and Dr. Beristain himself confirms this. 215 Tellingly, the plaintiffs’ counsel attempted to
hide this evidence of Dr. Beristain’s bias and partiality by asking the producer of Crude
to edit this footage out of the film. 216
Moreover, as shown in prior submissions, Mr. Cabrera took improper payments
from the plaintiffs’ representatives, who also actively assisted him in his fieldwork. 217
The plaintiffs’ counsel even acknowledged that two of the plaintiffs’ representatives,
Donald Moncayo (a member of the Frente) and Silvio Jaya (a member of the plaintiffs’
technical team), “facilitate[d] the work of the expert and his team.” 218 In addition, their
coordination is further confirmed by the fact that, although Mr. Cabrera made no public
announcement that he had completed and was going to file his work, plaintiffs’
representatives alerted the Crude film crew, which was present when Mr. Cabrera went
to the Lago Agrio courtroom to deliver his first report. 219
This overwhelming evidence of collusion stands in clear violation of this Court’s
repeated orders, and in irreconcilable conflict with Mr. Cabrera’s own representations
and statements made by the plaintiffs regarding his independence. This Court’s orders
indicate that Mr. Cabrera had to be “responsible for the entire report, the methodology
used, for the work done by his assistants, etc.” 220 Mr. Cabrera was to “perform his work
in an impartial manner and independently with respect to the parties, as well as comply
with the requirements contained in the Code of Civil Procedure for the appointment and
performance of experts.” 221 The Court further ordered Mr. Cabrera to “observe and
ensure . . . the impartiality of his work, and the transparency of his activities as a
professional appointed.” 222 In short, the Court directed Mr. Cabrera to “maintain strict
independence with regard to the parties.” 223
214 Transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at
4:35 p.m., (CRS 301-00-06).
215 See transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16,
2010 at 4:35, (CRS 301-00-06; CRS 342-01-03; CRS 342-01-07).
216 Cabrera Omnibus, filed May 21, 2010 at 4:35 p.m., at 24, Record at 178982-179041, 179005.
217 See Chevron’s Motion regarding Expert Cabrera’s Bias, Support of Plaintiffs and Negotiations
with the Amazon Defense Front, filed Dec. 18, 2008, at 3:12 p.m., Record at 153712-13, 153712-13; see
also Cabrera Omnibus, filed May 21, 2010 at 4:35 p.m., at 11-12, 29, Record at 178982-179041, 178992-
93, 179010.
218 Ruling Expected in Texaco’s Trial, El Comercio (Feb. 20, 2009).
219 See Crude Documentary (Joe Berlinger, First Run Features) (publicly available).
220 Order of Oct. 3, 2007, filed at 11:00 a.m., Record at 132846-56, 132850v.
221 Order of Oct. 3, 2007, filed at 11:00 a.m., Record at 132846-56, 132848v.
222 Order of Oct. 3, 2007, filed at 11:00 a.m., Record at 132846-56, 132851v.
223 Order of Oct. 3, 2007, filed at 11:00 a.m., Record at 132846-56, 132853v.
CERT. INTERMARK VER: JD
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