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(iv) (v) The president’s legal advisor has instructed Judge Núñez on how to route the judgment money; 252 and Patricio García will deliver Judge Núñez’s share of the bribe money to him. 253 According to the audiovisual recordings, in order to secure payment of the requested bribe, the purported Government representatives sought to assure the contractors that Judge Núñez would find Chevron liable―even though the trial was ongoing and evidence still being presented―and that the judgment would require Chevron to pay the Government billions of dollars for environmental remediation. To demonstrate to the contractors that the result of the trial had been preordained, the purported Government representatives took the contractors to meet with Judge Núñez twice during the period of time between the two meetings at the Alianza PAIS headquarters. 254 The first meeting with Judge Núñez took place in the Judge’s office at the courthouse in Lago Agrio, and the second took place in a hotel in Quito. In the recordings of these meetings, Judge Núñez confirms that: (vi) He will find Chevron guilty; 255 (vii) The claim is for US$27 billion, and he will decide whether to award more or less; 256 (continued…) Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158218-255, and 158285-322, respectively, 158252- 53; see also Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núñez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5 to Chevron’s Motion in Support of Judge Núñez’s Recusal, filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158319. 252 Transcript of the May 11, 2009 Meeting between Carlos Patricio García Ortega, Pablo Almeida, Aulo Gelio Servio Tulio Ávila Cartagena, Rubén Darío Miranda Martínez, and Diego Fernando Borja Sánchez, attached as Annex 5-A to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158218-255, and 158285-322, respectively, 158224. 253 Transcript of June 22, 2009 Meeting between Carlos Patricio García Ortega, Rubén Darío Miranda Martínez, and Diego Fernando Borja Sánchez, attached as Annex 5-D to Chevron’s Motion in Support of Judge Núñez’s Recusal ,filed Sept. 9, 2009 at 4:20 p.m., Record at 158323-64, 158329. 254 Letter from T. Cullen, Jr. to the Prosecutor General, attached to Chevron’s Motion regarding Judge Núñez bribery videos, filed Nov. 17, 2009 at 2:18 p.m., Record at 159290-95, 159294. 255 Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núñez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5-C to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158319. 256 Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núnez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5-C to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158319. CERT. INTERMARK VER: JD - 67 -
(viii) The award will be made in part to the Government; 257 (ix) (x) He will issue the ruling in October or November 2009; 258 and The appeal process to the full chamber of the provincial court will be a formality. 259 The participation of Judge Núñez in these meetings, and his apparent consignment of judicial power to the purported Government representatives to dictate the decision, irremediably taint and nullify the instant case against Chevron. Even Mr. Donziger admitted internally that the “judge should not have been in the meetings period.” 260 After the discovery of these tapes, Judge Núñez requested that he be permitted to excuse himself voluntarily from the case on plainly inapplicable and benign grounds, thereby avoiding admission of any impropriety on his part. 261 Upon learning of his action, on September 9, 2009, at 4:20 p.m., Chevron requested that the Subrogate President not accept Judge Núñez’s voluntary excusal, as it lacked valid legal grounds, and instead sanction Judge Núñez in conformity with the applicable regulations and the seriousness of the offense. 262 In short, Chevron posited that Judge Núñez excused himself from this trial as a way to avoid taking responsibility and to obtain impunity against the extremely serious acts that my client had denounced with the public authorities. After Judge Núñez refused to support his request to excuse himself with documentation, it was initially denied, but later granted. 263 He has thus been allowed to withdraw on vague and ambiguous grounds, thereby avoiding responding to, and 257 Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núnez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5-C to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158293. 258 Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núnez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5-C to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158316. 259 Transcript of the June 5, 2009 Meeting between Judge Juan Evangelista Núnez Sanabria, Juan Pablo Novoa Velasco, Diego Fernando Borja Sánchez, and Wayne Douglas Hansen, attached as Annex 5-C to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m., Record at 158285-322, 158317. 260 Attached as Annex 1 to Chevron’s Fourth Supplemental Motion for Terminating Sanctions, filed Dec. 22, 2010 at 5:45 p.m. (DONZ00019514). 261 Judge Núñez Recusal Order, filed on Sept. 3, 2009 at 5:10 p.m., Record at 158177. 262 See Chevron’s Motion in Support of Judge Núñez’s Recusal, filed Sept. 9, 2009 at 4:20 p.m., Record at 158420-27. 263 See Decision regarding Judge Núñez’s Recusal, issued by the Provincial Court of Justice of Sucumbíos, filed Sept. 28, 2009 at 10:00 a.m., Record at 158724. CERT. INTERMARK VER: JD - 68 -
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TO THE SUBROGATE PRESIDENT OF THE P
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3.4.3 Mr. Cabrera’s Fieldwork Was
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7.3.1 Plaintiffs Have Failed to Pro
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the arguments in the Cabrera Report
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negligence where TexPet was directl
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they not only secretly conspired us
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has repeatedly shown to be corrupte
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plaintiffs’ egregious and fraudul
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to annul the rulings of Judge Núñ
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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: headquarters in Quito. The recordin
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
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jurisdiction over Chevron. Then, as
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hasten a large judgment against Che
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Mr. Berlinger recently corroborated
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with him.” 536 The plaintiffs eve
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has “the most ridiculous legal cu
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Government “already [knew] about
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gathering evidence” against Chevr
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amount of money, and there are no a
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ecommended dismissal of the 2003 cr
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to settle the civil case. 608 Docum
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that the Government was managing Ju
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essential formalities with nullity
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4.2 Nullity Due to This Court’s L
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oth on the provisions of the Civil
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4.4 Nullity Due to the Lack of Lega
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The common legal representative’s
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continue to hear [the case] until t
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the right to bring all indivisible
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Each municipal suit was settled in
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Like the local governments, the Gov
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These services were to be administe
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5.2.4 The Settlement Agreements Sig
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elease collective claims based on t
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effect of administrative acts “is
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i.e., to the inability to anticipat
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This was expressly acknowledged by
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plaintiffs’ alleged claims, it co
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the complaint.” 768 Accordingly,
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management of natural resources, an
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Article 43 created a new course [si
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plaintiff shall not amend it, nor s
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Because the complaint sought compen
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category of damages we possibly can
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ecovery for such a claim must go di
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v. “Recovery of the land and cult
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Plaintiffs’ argument is wrong on
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damages, based on conduct preceding
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7.2 Plaintiffs Have Failed to Prove
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tripled the requested damages from
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damages. Moreover, the new reports
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conditions and liabilities within t
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ing them below 1,000 mg TCLP-TPH pe
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The areas remediated by TexPet requ
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cleanup of the very sites in questi
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water resource, under any hypotheti
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None of this could have been a surp
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with TexPet. 927 In September 2007,
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excess of what any similar remediat
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plaintiffs’ proposed plans to ins
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extra petita. In all events, any su
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epresentative of the Frente—the n
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establish a causal connection betwe
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Stratus, the paid consultants hired
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eached by disregarding the data pro
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As the Government had intended, col
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equests for damages. 1021 For examp
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of a particular hazardous substance
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Agreement, Scope of Work, and RAP,
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detected. However, none of these co
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contamination. 1050 This Court shou
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enrichment for the victim.” 1062
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accord, and acknowledge that a clai
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In any event, even if an unjust enr
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Second, since TexPet already undert
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• With regard to pit remediation,
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away from the figures” in the pla
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maintained, and corroded pipelines.
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the claimed health effects they all
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Article 7(20) of the Civil Code pro
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3. As Your Honor is aware since it
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g) Total lack of effective and time
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