AO 888 (Rev.

06/09) Subpoena to hoduce Documents, Information, or Objcts or to Permit Inspection ofPremises in a Civil Action

Utvlrnp Srarss Drsrnrcr

for the

Cor-rRT

District of Columbia
CHEVRON

CORPORATION
v.

Plaintif
STEVEN DONZIGER, et al.,
Defendant

)
)

) )

Civil Action

No.

11 Civ. 0691 (LAK)

state where:

{tf $e action is pending in another distric!

Southern District ofNew

York

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To:

Simon Billenness, '1403 F St NE, Washington DC 20002-5565

Produ*fon: YOU ARE COMMAIYDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Aftachments A-C

Place: 61gg6N, DUNN & CRUTCHER LLP, c/o Mark Doerr 1050 Connecticut Avenue, NW
DC 20036

Date and Time:

1112312012 5:00 pm

Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the properry or any designated object or operation on it.
Place:

Date and Time:

The provisions ofFed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoen4 and Rule 45 (d) and (e), relating to your dufy to respond to this subpoena and the potential consequences of not doing so, are attached.

Date:

1ll}gl2}12
CLERKOFCOURT

"n-ft-Z
op-4t%
(name

Signature of Clerk or Deputy Clerk

Atlorney's signaturc

D-

The name, address, e-mail, and telephone number of the attorney representing

of

party)

Chevron Corporation

, who issues or requests this subpoenq are:

Mark Doerr, Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, 10166-0193 Telephone: 212.351 .3984, E-mail: mdoerr@gibsondunn.com

AO 888 (Rev. 06i09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No. 11 Civ. 0691 (LAK)

PROOF OF SERVICE Jiled with the court unless required by Fed. R. Civ. P. 45,)

(This section should not This subpoenafor

be

fuame oJ'individual and title, if any)

was received by me on (date)

I served the subpoena by delivering

a copy to the named person as

follows:

on

(date)

;or

il

I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of

My fees are

for travel and $

for services, for

a total

of$

0.00

I declare under penalfy of perjury that this information is true.

Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

AO 88B (Rev. 06/09) Subpoena to Prodncc Documents, Information, oI Objccts or to Permit lnspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 1'2/l/07)
(c) Protecting a Person Subject to a Subpoena. (l) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this which may include lost duty and impose an appropriate sanction - on a party or attorney earnings and reasonable attorney's fees who fails to comply. (2) Command to Produce Materials or Permit Inspection. (L) Appearance Not Required. A person commanded to produce documents, electror.rically stored infomation, or tangible things, or to permit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Obiections. A person commanded to produce documents or tangible things or to pemit inspection may serve on the parff or attomey designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or or to producing electronically stored to inspecting the premises forms requested. The objection must be information in the form or served before the earlier ofthe time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the sewing pady may move the issuing cout't for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the ordel must protect a person who is neither a party nor a party's officer from significant expensc resulting from compliauce. (3) Quashing or Modifying a Subpoena, (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonablc time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is except that, employed, or regularly transacts business in person subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure ofprivileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a snbpoena, the issuing court may, on motion, quash or modify the
subpoena

(d) Duties in Responding to a Subpoena. (l'1 Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course ofbusiness or must organize and label them to correspond to the categories in the demand. (B) Formfor Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or foms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Idormation. The person responding need not provide discovery of electronically stored information from sources that the pelson identifies as not reasonably accessible because of undne burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because ofundue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources ifthe requesting pafiy shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Proteclion,

(A) Informatiott't4ithheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) explessly make the claim; and

(ii) describe the nature of the withheld documents,

communications, or tangible things in a manner that, without levealing informatior.r itself privileged or protected, will enable the panies lo assess lhe claim. (B) Information Produced. If information produced in response to a subpoena is subjeot to a claim ofprivilege or ofprotection as trialpreparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a pafty must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information ifthe parfy disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserue the information until the claim is resolved. (e) Contempt, The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to reqnire the nonparty to attend or produce at a place outside the limits of Rule a5(c)(3Xe)(ii).

if it requires:

a trade secret or other conhdential research, development, or commercial infounation; (ii) disclosing an unretained expert's opinion or information that does not describe speciltc occurrences in dispute and resrilts from the expert's study that was not reqr.tested by a party; or (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend ffial. (C) Specifying Conditions as an Allernative. In the circttmstances described in Rule a5(c)(3)(B), the court may, instead of quashing or modifring a subpoena, order appearance or production under specified conditions ifthe serving pafty: (i) shows a substantial need for the testimony or material that cannot be other"wise met without undue hardship; and (ii) ensules that the subpoenaed person will be leasonably

(i) disclosing

compensated.

ATTACHMENT A
DOCUMENTS TO BE PRODUCBD BY RESPONDENT, SIMON BILLENNESS

1.

All

documents concerning any payment, compensation, revenue, or any other

thing of value YOU have received, been offered, contracted to receive, or have been promised
conceming YOUR involvement in, or work concerning, the CHEVRON LITIGATIONS or

SHAREHOLDER ACTIONS.

2.

All

documents conceming any payment, compensation, revenue, or any other

thing of value YOU have given, offered, contracted to give, or have promised concerning the

CI{EVRON LITIGATIONS or SHAREHOLDER ACTIONS.

3. 4. 5. 6.

All

documents concerning the BILLENNESS REPORT, including but not limited

to drafts and notes concerning the BILLENNESS REPORT.

All All

documents concerning the INVICTUS MEMO. documents concerning the ERION REPORT, including but not limited to

drafts and notes concerning the ERION REPORT.

All

documents concerning SHAREHOLDER ACTIONS, including but not

limited to CHEVRON shareholder resolutions sponsored by TzuLLIUM beginning as of 2005,

CHEVRON investor statements sponsored by TRILLIUM beginning

SHAREHOLDER ACTIONS taken by the AFL-CIO.

as

of 2009, and any

7.

All communications between YOU

and any stock market analysts, investment

professionals, energy industry analysts, journalists, or MEDIA professionals or organizations concerning CHEVRON or the CHEVRON LITIGATIONS.

8.

All communications between YOU

and any of Warren Shimmerlik, Shimmerlik

Corporate Communications, Darius Fisher, DividendKings, SeekingAlpha, ValueMax, Joe Richman, or Investment Underground concerning CHEVRON or the CHEVRON

LITIGATIONS.

9.

All

documents concerning any statements posted, published, or disseminated by

YOU on any of the RELATED WEBSITES or other MEDIA outlets concerning the GHEVRON
or the CHEVRON

LITIGATIONS.
and any of RAN, Sanford Lewis, Graham

10.

All communications between YOU

Erion, orin Kramer, AMAZON WATCH, AMAZON DEFENSE, FRONT, TRILLIUM, or

HINTON COMMI-INICATIONS concerning CHEVRON or the CHEVRON LITIGATIONS.

I

l.

All communications between YOU

and any U.S. GOVERNMENTAL AGENCY

concerning CHEVRON or the CHEVRON LITIGATIONS.

12. 13.

All communications between YOU

and any of the RICO DEFENDANTS or CO-

CONSPIRATORS concerning CHEVRON or the CHEVRON LITIGATIONS.

Documents that show the establishment and current legal standing of the

organization Strategy for Corporate Responsibility and Social Investment, including but not

limited to charters, articles of incorporation, and certificates.

14.
Investment.

A current organizational chart or other documents that show the management and

reporting structure of the organization Strategy for Corporate Responsibility and Social

15.

Documents that show YOUR document retention and destruction policies and

practices, including those policies and practices currently in effect and any which were in effect between January I,2009, and the date of this request.

ATTACHMENT B
DEF'INITIONS "RESPONDENT" means and refers to Simon Billenness.

The definitions and rules of construction set forth in Southern District of New

York Local Civil Rule 26.3 of the Local Rules of the United States District Court for the
Southern District of New York are incorporated by reference into all requests.

2.

"1782 ACTIONS" means and refers to legal proceedings pursuant to 28 U.S.C.

$ 1782 seeking discovery relating to the LAGO AGRIO LITIGATION, including, but not limited to, such actions filed by CHEVRON, the ROE, and by or on behalf of the LAGO AGRIO

PLAINTIFFS.

3. 4.

"AAA LITIGATION"

means and refers to the case of Republic of Ecuador v.

ChevronTexaco Corp., No. 04 Civ. 8378 (S.D.N.Y.).

"AGUINDA LITIGATION" means and refers to the cases styled

as

Aguinda

v.

Texaco 1nc., No. 93 Civ. 7527 (S.D.N.Y.) and Aguinda v. Texaco, Case Nos. 00-3066, 0l-7756,

0l-7758, in the United States Court of Appeals for the Second Circuit, and all other related
appellate proceedings.

5.

"AGUINDA PLAINTIFFS" means and refers to the plaintiffs in the case of

Aguindav. Texaco Inc.,93 Civ.7527 (S.D.N.Y.), including: MariaAguinda; CatarinaAguinda; Lidia Aguinda; Patricio Aguinda; Ramiro Aguinda; Gerardo Andi; Luis Armas; Patricio
Chimbo; Carlos Grefa; Gesica Grefa; Lucio Grefa; Mercedes Grefa; Bolivar Riascos; Jaime
Vegay; Josd Enrique Vegay; Venuncio Chimbo; Daniel Lucitante; Emilion Lucitante; Esteban

Lucitante;Marcelino Lucitante; Simon Lucitante; Reinaldo Lucitante; Alfredo Payaguaje;Alirio

Payaguaje; Colon Payaguaje; Delfin Payaguaje; Fermin Payaguaje; Guillermo Payaguaje;

Hernan Payaguaje; Luis Payaguaje; Miguel Payaguaje; Teodoro Payaguaje; Wilson Payaguaje;

Armando Piaguaje; Elias Piaguaje; Javier Piaguaje; Jos6 Piaguaje; Ramon Piaguaje; Ricardo Piaguaje;Francisco Alvarado; Lorenzo Alvarado; Matias Alvarado;Angeb Amanta;Nicolas

Abilez; Alsidez Balseca; Gerardo Camacho; Rosa Castillo; Rommel Castillo-Pugachi; Lourdes
Chimbo; Luis Chimbo-Chugando; Rosa Chimbo; Olga Grefa; Gregorio Illiapa; Josd llliapa;

Miguel Ipiales; Prudencio Notero;Heliodoro Patalon;Danilo Ramirez; Santos Guillermo

Ramirez; Gabriel Revelo; Lourdes Riascos; Marco Tulio Riascos; Maria Riascos; Yolanda Riascos; Maria Rodriguez; Delia Tanguila; Juana Tanguila; Lucrecia Tanguila; Narcisa

Tanguila; Victor Tanguila; Irene Vivero; Horlencia Vivero;Maria Vivero; Berta Yumbo; Fabiola Yumbo; and Narcisa Yumbo.

6.

"ALIANZA PAIS"

means and refers to the political party of President Rafael

Correa, also known as Patria Altiva / Soberana, and includes all its officers, elected officials, campaign managers, strategists, financiers, agents and associates'

7.

"AMAZON DEFENSE FRONT," "THE FRONT," "FRENTE DE DEFENSA DE

and "FRENTE"

LA AMAZONIA," "FDA," "ADF," "AMAZON DEFENSE COALITION,"

mean and refer to Defendant Frente de Defensa

dela Amazonia alWa Amazon Defense Front,

and include the Front's officers, directors, employees, partners, corporate parents, subsidiaries or

affiliates.

8.

"AMAZON WATCH"

means and refers to Amazon Watch, of 221Pine Street,

Suite 400, San Francisco,

CA 94104, including Amazon Watch's members, partners, contractors,

employees, representatives, agents, attorneys, accountants, assigns, or any other person acting, or

purporting to act, on Amazon Watch's behall either directly or indirectly, including, but not

limited to, Atossa Soltani, Simeon Tegel, Jennifer Ciplet, Han Shan, Leila Salazar, Kevin Koenig, or Mitchell Anderson.

9.

"AMNESTY INTERNATIONAL" means and refers to Amnesty International

USA, including Amnesty International's executives, officers, directors, employees, stafl or any
other person acting, or purporting to act, on Amnesty International's behalf, either directly or

indirectly.

10.

"ASSEMBLY OF THE AFFECTED" means and refers to the organization or

organizations variously known as the "Assembly of Communities Affected by Chevron/Texaco," the "Assembly of Delegates of Communities Affected by Chevron/Texaco," the "Assembly

of

People Affected by Texaco," the "Assembly of People Affected by Chevron," the "Asamblea de

los Afectados por Texaco," and the

"ADAT," which purport to represent the LAGO AGRIO

PLAINTIFFS and the people in the FORMER CONCESSION AREA with regard to the LAGO AGRIO LITIGATION, and includes all members, representatives, committees, subcommittees, working groups and other affiliated, supervisory and subsidiary bodies related thereto, and
specifically includes the Ecuadorian corporate entity formed on or about January 25,2011 called
Asamblea de los Afectados por Texaco.

11.

"BANCO DEL PACIFICO" means and refers to Banco Del Pacifico and any of

its affiliates, subsidiaries, branches, agency managers, employees, agents, representatives, consultants, attorneys or any other person acting for, atthe direction

of

or on behalf of Banco

Del Pacifico.

12.

"BANCO INTERNACIONAL S.A." means and refers to Banco Internacional

S.A. and any of its affiliates, subsidiaries, branches, agency managers, employees, agents,

representatives, consultants, attorneys or any other person acting for, at the direction of, or on behalf of Banco Internacional S.A.

13.

"BANCO PICHINCHA" means and refers to Banco Pichincha, C.A. and any of

its affiliates, subsidiaries, branches, agency managers, employees, agencies, agents, representatives, consultants, attorneys or any other person acting for, at the direction of, or on behalf of Banco Pichincha, C.A.

14.

"BILLENNESS REPORT" means and refers to the report titled "An Analysis of

the Financial and Operational Risks to Chevron Corporation from Aguinda v. Chevrontexaco,"

which was purportedly authored by SIMON BILLENNESS and SANFORD LEWIS, including specifically any drafts of the report, notes related to the repoft, and all updates to the repoft.

15.

"BIT ARBITRATION"

means and refers to the arbitration currently pending in

the Permanent Courl of Arbitration, the Hague, Netherlands, under the U.S.-Ecuador Bilateral Investment Treaty between CHEVRON and TEXPET, on the one hand, and the Republic Ecuador, on the other, PCA Case No. 2009-23.

of

16.

"BURFORD" means and refers to Burford Group Limited and its associated

entities, including, but not limited to, Burford Group LLC, Burford Capital Limited, Burford

Advisors LLC, and Treca Financial Solutions, and any curent and former subsidiaries, affiliates,
paftners, officers, directors, employees, representatives, agents, and any other person acting, or

purporting to act, on their behalf, and any predecessors or successors ofthe foregoing.

17. 18.

"CABRERA" means and refers to Court-Appointed Expeft, Engineer Richard

Stalin Cabrera Vega.

"CABRERA REPORT" means and refers to the "Technical Summary Report,"

submitted under the name of Engineer Richard Stalin Cabrera Vega, Expert for the Court

of

Nueva Loja, filed with the LAGO AGzuO COURT on or about

April 1,2008

and bearing the

foja numbers CL|244-I342281L1244-134259, and any drafts, parts, sections, or annexes of

that document.

19.

"CABRERA REPORTS" means and refers to the CABRERA REPORT and the

"Answers To The Plaintiffs' Questions About The Expert Report," submitted under the name of
Engineer Richard Stalin Cabrera Vega, Expert for the Court of Nueva Loja, filed with the LAGO

AGzuO COURT on or about November 17,2008 and bearing the foja numbers CLI43I0152949-CL 143 1-01 53167 , and any drafts, pafts, sections, or annexes of this document.

20.

"CABRERA WORKPLAN" means and refers to the "Work Plan for Expert

Determination," submitted under the name of Engineer Richard Stalin Cabrera Vega, Expert for
the Court of Nueva Loja, filed with the LAGO AGRIO COURT on or about June 25,2007 and bearing the foja numbers CL1208-130640-CLI208-130651, and any pafts, sections, or annexes thereof.

2I,

..CALIFORNIA ASBESTOS CAUSATION TEST,,means and refErS

tO thE

causation theory stated on page 89 of the LAGO AGRIO JUDGMENT as "the theory of the

substantial factor does not require a mere scientific causation, but the reasonable medical

probability that the conduct of the defendant was a factor that contributed substantially to
increasing the dose of harmful substances and ultimately the risk of developing illnesses""

22.

"CESAQ-PUCE" or "CESAQ" means and refers to the Cat6lica University

Laboratory in Ecuador, also referred to as the "Centro de Servicios Ambientales y Quimicos de

la Pontificia Universidad Cat6lica del Ecuador," and "Cat6lica."

23.

"CHEVRON" means and refers to Chevron Corporation and its current and

former subsidiaries, affiliates, partners, officers, directors, employees, representatives, agents,

and any other person acting, or purporting to act, on their successors of the foregoing.

behall and any predecessors or

24.

"CHEVRON EXPERT WITNESSES" means and refers to the following

16

expert witnesses designated by CHEVRON as potential trial witnesses in connection with Chevron Corp. v. Salazar, et al., Case No.

1l Civ. 0371S-UA (LAK) or Chevron Corp.

v.

Donziger, et al.,ll-cv-0691 (LAK) (S.D.N.Y.): Enrique Barros Bourie; Dr. William D. Bellamy; Dr. Robert E. Hinchee; Dr. Cdsar Coronel Jones; Brent Kaczmarek; Dr. Michael Kelsh; Dr. Robert A. Leonard; Dr. Thomas McHugh; Dr. Gerald R. McMenamin; Professor Angel R.
Oquendo; Professor Jan Paulsson; Dr. Gustavo Romero Ponce; Professor George Priest; M.
Teresa Turell; Dr. Robert F. Wasserstrom; and Michael Younger.

25.

"CHEVRON LITIGATIONS" means and refers to any one or all of the LAGO

AGRIO LITIGATION, the AGUINDA LITIGATION, the ROE LITIGATION, the AAA

LITIGATION, the BIT ARBITRATION, the 1782 ACTIONS, and the CRIMINAL CASES.

26.

"CITED HEALTH REPORTS" means and refers to the following reports that

were cited to in the LAGO AGRIO JUDGMENT: (1) "Texaco's Legacy: wells and stations," made in the year 2000, purportedly drafted by Manual Pallares and Pablo Yepez, and incorporated in the RECORD by order of October 22,2003; (2)

"A study to know the scope of

the effects of the contamination of the wells and stations drilled before 1990 at the fields of Lago

Agrio, Dureno, Atacapi, Guanta, Shushufindi, Sacha, Yuca, Auca y Cononaco," purportedly
drafted by Roberto Bejarano and Monserrat Bejarano, included in the process by order October 22,2003, at 3 PM; and (3) the 2005 letter to the editor titled "Texaco and Its Consultants" published in volume
1

of

of the International Journal of Occupational

Environmental Health referenced on page 136 of the LAGO AGRIO JUDGMENT.

27.

"CLEANSING EXPERT REPORTS" means and refers to the six reports

purportedly prepared by Douglas C. Allen, Lawrence W. Barnthouse, Carlos E. Picone, Daniel

L. Rourke, R. Paolo Scardina and Jonathan Shefftz or JShefftz Consulting, attached

as

appendixes A through F of the LAGO AGRIO PLAINTIFFS' September 16, 2010 filing with the

LAGO AGRIO COURT.

28.

"CO-CONSPIRATORS" means and refers to those acting in conceft with the

RICO DEFENDANTS, including, but not limited to, Joseph Kohn, KOHN SWIFT & GRAF,

CABRERA, Joshua Lipton, David Chapman, William Powers, Atossa Soltani, AMAZON WATCH, RAINFOREST ACTION NETWORK, Alberto Wray, Crist6bal Bonifaz, E-TECH,
Karen Hinton, Russell Deleon, BURFORD, Emery Celli Brinckerhoff & Abady LLP, Motley Rice LLC, PATTON BOGGS, Juan Pablo S6enz, Julio Prieto, and H5.

29.
dated

"COMPLAINT" means and refers to the Amended Complaint filed in this action,

April 20,2011, and any amendments thereto.

30.

"COST ASSESSOR'S REPORTS" means and refers to the reports submitted by

Gloria Pinos Galeas on June 27,2012 and July 25,2072 to the LAGO AGRIO COURT in Case No. 21100-2003-0002.

31.

"COURT EXPERTS" means and refers to experts appointed by the LAGO

AGRIO COURT, including, but not limited to, settling expert(s), who were tasked with resolving
any inconsistent findings during the judicial inspection process between experts nominated by
the LAGO AGRIO PLAINTIFFS and experts nominated by CHEVRON, and other expert(s)

appointed to assist the LAGO AGRIO COURT, including, but not limited to, Gloria Pinas
Galeas, Galo S. Alb6n, Dr. Luis V. Albuja, David Gerardo Baros, Jorge Bermeo Sarmiento, Jorge HerreraCabezas, CABRERA and CABRERA technical team members identified in Anexo

V of the CABRERA REPORT, Arturo Orquero Cardenas,

Josd Ren6 Lopez Ch6vez, Josd

Echeverria, Andriana Enriquez, Jorge M. Jurado, Marcelo Mffloz, Arturo Orquera, Barros Pazmino, Josd Ignacio Pilamunga, Josd Echevarria Rodrfguez, Alban Soria, Johnny Robinson Zambrano Carranza, David Gerardo Barros, and other experts considered but not ultimately appointed by the LAGO AGzuO COURT, including, but not limited to, Marcelo Echeverria. The

judicial inspection expefts publicly nominated by CHEVRON and/or the LAGO AGRIO
PLAINTIFFS are excluded from this definition.

32.

"CRIMINAL CASE,S" means

and refers to all investigations or other proceedings

related to actual or potential criminal accusations or charges relating to the LAGO AGzuO

LITIGATION or the factual allegations therein. This definition includes, without limitation, all
investigations or other proceedings related to the following documents: (1) Comptroller General

of Ecuador Genaro Pefia Ugalde's Criminal Complaint filed with the Prosecutor General of
Ecuador on October 29,2003; (2) Prosecutor General Mariana Yepez Andrade's Order Initiating the Preliminary lnvestigation for Environmental Crimes and Fraud issued on May 10,2004; (3) Prosecutor General of Ecuador Cecelia Armas's Motion to Dismiss the Fraud Charges filed in the Criminal Division of the Supreme Court of Ecuador on August 9,2006; (4) Public Prosecutor

of Pichincha Marianita Vega Carrera's Motion to Dismiss the Environmental Crimes Charges

filed in the Third Criminal Court of Napo on September 4,2006; (5) Order Requesting
Comptroller General's Opinion on Prosecutor General Armas's Motion to Dismiss the Fraud
Charges issued by the Supreme Court of Justice on October 27, 2006; (6) Prosecutor General Jorge German's Motion to Dismiss Criminal Case filed in Supreme Courl of Justice on March 1,

2007; (7) Comptroller General Carlos Polit Faggioni's Motion Requesting that the Criminal Case Remain Open filed in the Supreme Court of Justice on May 18,2007;(8) Order Requiring

Prosecutor General to Reissue Opinion issued by Supreme Court of Justice on June 11,2007; (9) Prosecutor General Jorge German's Motion to Dismiss Criminal Case filed in Supreme Court
Justice on June 14,2007; (10) District Prosecutor Washington Pes6ntez's Opinion

of

Affirming the

Motion to Dismiss the Environmental Crimes Charges issued on March 13,2007; (11) Order Dismissing the Environmental Crimes Charges issued by the Third Criminal Court of Napo on

March 16,2007; (12) Prosecutor General Washington Pes6ntez's Notice Reopening the
Investigation for Falsification of Public Documents based on New Evidence issued on March 25,
2008; (13) Prosecutor General Washington Pes6ntez's Notice Ordering the Initiation of the Prosecutorial Investigation issued on August 26,2008; (14) Judge Roberto Gomez Mera's Order

Noticing the Initiation of the Prosecutorial Investigation issued on September 19, 2008 in the
Supreme Court of Justice; (15) Prosecutor General Alfredo Alvear Enriquez's Order Adding

New Sites to Investigation issued on May 13,2009;(16) Environmental Engineer William

Bed6n's Expert Report Site Inspection filed with the Prosecutor General's Office on August 25, 2009; and (17) Prosecutor General Alfredo Alvear Enriquez's Accusation Opinion of Rodrigo
Pdrez and Ricardo Veiga issued on

April 29,2010.

33.

"CULTURAL DAMAGES REPORT" means and refers to the document titled

"Daflos Culturales Causado a los Pueblos Indigenas de la Amazonia Ecuatoriana" and filed with
the LAGO AGRIO COURT on or about September 16,2070.

34.

"DATABASES" means and refers to data stored in spreadsheet files, including,

but not limited to, Microsoft Excel files, flat-file database files, geodatabase files, geographic

information systems ("GIS") and relational database files, as well as all versions, variants,
repofts, expofted files or subsets thereof.

35.

"DEPARTMENT OF DEFENSE" means and refers to the United States

Department of Defense, including the Department of Defense's officials, employees, attorneys, accountants, staff, or any other person acting, or purporting to act, on the Department Defense's behall either directly or indirectly.

of

36.
affiliates.

"DONZIGER & ASSOCIATES" means and refers to Donziger & Associates,

PLLC, and its officers, directors, employees, partners, corporate parents, subsidiaries or

37.
the

"DONZIGER FIRMS" means and refers to DONZIGER & ASSOCIATES and

LAW OFFICES OF STEVEN R. DONZIGER.

38.

.'DRAFT ALEGATO" means and refers to the document

as

"Borrador-Alegato-Final-Parcial Envio EEUU-I11-nov 2010].docx" produced

DON2S00002439.

39.

"DRAFT SECOND INSTANCE SENTENCIA" means and refers to the prior

versions and drafts of the second instance sentencia released by the Ecuadorian court on March

1,2012, including, without limitation, all versions of the document with the file name
"20 120 1 03 _ SentenciaChevron.pdf," available at

http://www.ecuavisa.comllimageslarchivos/20120103 SentenciaChevron.pdf.

40.

"EARTHRIGHTS INTERNATIONAL" means and refers to EarthRights

International, including EarthRights International's executives, officers, directors, employees,

staff, or any other person acting, or purporting to act, on EarthRights International's behalf, either directly or indirectly, including, but not limited to, Marco Simons.

41.

"ELAW"

means and refers to the organizationEnvironmental Law Alliance

Worldwide as described on the website: http://www.elaw.orgl, and includes, without limitation,

t0

its predecessors, parents, affiliates, subsidiaries, officers, directors, board members, managers, attorneys, employees, agents, representatives, consultants, or any other person acting for, at the

direction of, or on behalf of ELAW.

42.

"ELAW AMICUS BRIEF" means and refers to the amicus brief filed in the

LAGO AGRIO LITIGATION by ELAW on June 5,2009, including, without limitation, any
drafts or any other version of that document.

43.

"EMA"

means and refers to the Ley de Gesti6n Ambiental, Codification2004-

019, also known as the Environmental Management Act, enacted by the Ecuadorian National
Congress.

44.

"E-TECH" means and refers to E-Tech International and includes E-Tech

International's partners, executives, officers, contractors, employees, representatives, agents,

attorneys, accountants, assigns, or any other person acting, or purporting to act, on E-Tech

International's behalf, either directly or indirectly, whether as an employee or as an independent contractor. This includes, without limitation, Richard Kamp, William Powers, Mark Quarles and
Anne Maest.

45.

"ERION REPORT" means and refers to the report titled "Chevron's

Misrepresentations in Public Filings Regarding its $18.1 Billion Environmental Liability in Ecuador," which was purportedly authored by Graham Erion, including specifically any drafts the report, notes related to the report, and all updates to the report.

of

46.

"FORMER CONCE,SSION AREA" means and refers to the area within the

Oriente District of Eastern Ecuador in which the consortium of which TEXPET was a member conducted petroleum exploration and production operations between 1964 and June 7992.

ll

47.

"FUSION MEMO" means and refers to the memorandum titled "La fusi6n entre

Chevron Inc. y Texaco Inc. ANIADIR DISPOSICIONES CONSTITUCIONALES (solemnidad

vs.

justicia)" and produced as DONZ-HDD-0141215, including, without limitation, any updated

version of that memorandum.

48.

"H5" means and refers to H5 Technologies and includes H5's paftners,

executives, officers, contractors, employees, representatives, agents, attorneys, accountants,

assigns, or any other person acting, or purportingto act, on H5's

behall either directly or

indirectly, whether as an employee or as an independent contractor.

49. 50.

'.HAVOC" means and refers to Havoc Laboratorio de Servicios Analiticos Cia.

Ltda., also known as HAVOC Cia. Ltda.

"HIDDEN PITS REPORT" means and refers to the report titled"Informe a la

Corte Superior de Nueva Loja, Pruebas del Fraude de Chevron" filed by the LAGO AGRIO

PLAINTIFFS on November 15,2006.

51.

"HINTON COMMLfNICATIONS" means and refers to Hinton Communications

and any other person acting for, at the direction of, or on behalf of Hinton Communications,

including, but not limited to, Karen Hinton and Howard Glaser.

52.
as

"INVICTUS MEMO" means and refers to the memorandum titled or referred to

"Invictus," including, without limitation, any other draft or version of that memorandum, such
draft produced as DON200032552.

as the

53.

"JUDGMENT TRUST" means and refers to any trust, account, corporate entity,

or other legal or financial structure established to receive and distribute funds obtained through

litigation. This includes, but it is not limited to: (1) the trust discussed atpage 86 of the LAGO
AGzuO JUDGMENT to be "administered by one of the fund and trust administrator companies

t2

located in Ecuador in keeping with the terms of the Securities Market Law and other applicable

laws"; (2) the trust discussed at section 8 of the TRECA FUNDING AGREEMENT; (3) the
Settlement Trust and the Settlement Trust Account discussed in the draft Settlement Agreement produced inthe 1782 ACTIONS at DON200026334; (4) the trust discussed in the March 30

filing of Pablo Fajardo Mendoza to the Provincial Court of Justice of Sucumbi6s regarding the
"Commercial Trust for the Administration of Funds ADAT, granted by Maria Victoria Aguinda
Salazar, Lidia Alexandra Aguinda Aguinda, et al., the

AMAZON DEFENSE FRONT and

Compaflia Fiduciaria Ecuador FIDUECUADOR S.A. funds and trusts administrator" executed on March I,2012 by Dr. Sandra Veronica Barrazueta Molina; and (5) any and all means considered or contemplated by any person to accomplish the objective stated by Nick Purrington in the Octob er 12,2010 e-mail produced in the 1 782 ACTIONS at DONZ0010 6262, "to keep the
proceeds out of Ecuador."

54.

"KATIA FACH GOMEZ MEMO" means

and refers to the document

"Justificaciones alegato final.pdf'produced as DON200059194, including, without limitation,

any other draft or version of that document.

55.

"KOHN SWIFT & GRAF" means and refers to Kohn Swift & Graf, P.C., and its

current and former parents, subsidiaries, affiliates, paftners (including Joseph Kohn), officers, directors, employees, representatives, agents, and any other person acting, or purpofting to act,
on their

behall and any predecessors or successors ofthe foregoing.

56.

"LAGO AGRIO APPELLATE COURT" means and refers to the judges of the

Sala Unica of the Provincial Court of Sucurnbios of Ecuador, including, but not limited to, Judge

Leonardo Ord6flez Piffa, Judge Juan Evangelista Nriflez Sanabria, Judge Nicol6s Augusto
Zambrano, Judge Marco Antonio Yaguache Mora, Judge Milton David Toral Cevallos, Judge

13

Luis Alberto Legfla Zambrano,Judge CruzMariaAvila Delgado, Judge Juan Carlos Encarnaci6n
Sanchez, Judge Alejandro Kleber Orellana Pineda, Judge Wilfrido Enrique Erazo Araujo, and

any other judges appointed to or selected to serve in the Sala Unica during the pendency of the
appeal of the LAGO AGRIO JUDGMENT or

CRIMINAL CASES.

57.

"LAGO AGzuO APPELLATE DECISION" means and refers to the decision of

the Sole Chamber of the Provincial Court of Sucumbios, Ecuador, in proceeding number

20ll-

0106, dated January 3,2072, including both the fact of this decision and the judicial opinion
issued in support of the decision.

58.

"LAGO AGRIO APPELLATE CLARIFICATION ORDER" means and refers to

the clarification and expansion order of the Sole Chamber of the Provincial Court of Sucumbios, Ecuador, in proceeding number 20
1

I -0

06, dated January 13, 2012, including both the fact

of

this decision and the judicial opinion issued in support of the decision.

59.

"LAGO AGRIO APPELLATE PANEL" means and refers to the judges of the

LAGO AGRIO APPELLATE COURT selected to preside over the appeal of the LAGO AGRIO JUDGMENT or the CRIMINAL CASES, including, but not limited to, Judge Marco Antonio
Yaguache Mora, Judge CruzMariaAvila Delgado, Judge Milton David Toral Cevallos, Judge

Luis Alberto Legfla Zambrano, Judge Alejandro Kleber Orellana Pineda, Judge Juan Carlos
Encarnaci6n Sanchez, and any other judges selected to preside over the appeal of the LAGO

AGRIO JUDGMENT or CRIMINAL CASES for whatever length of time and in whatever
capacity.

60.

"LAGO AGRIO COMPLAINT" means and refers to the complaint filed in the

Superior Court of Justice of Nueva Loja on |r4ay 7,2003 by Alberto Wray in order to initiate

Marfa Aguinda y Otros v. Chevron Corp., No. 002-2003-P-CSJNL.

t4

61.

"LAGO AGRIO COST ORDERS" means and refers to the orders issued by Judge

Lilia Marlene Oftiz V6squez of the LAGO AGRIO COURT in Summary Verbal Proceeding No.
21100-2003-0002 on June 6,2012, July 23,2012,Iuly 30,2012, and August 3,2012, including both the fact of the orders themselves and the judicial opinions issued in support of the orders.

62. 63.

"LAGO AGRIO COURT" means and refers to the Provincial Court of Justice of

Sucumbios in Lago Agrio, Ecuador.

"LAGO AGzuO JUDGMENT" means and refers to the February 14,20Il

judgment of the Provincial Court of Justice in Sucumbios in the LAGO AGRIO LITIGATION, including both the fact of the judgment itself and the judicial opinion issued in supporl of the judgment.

64.

"LAGO AGRIO LITIGATION" means and refers to the

case

of Marfa Aguinda y

Otros v, Chevron Corporation, in the Provincial Court of Justice of Sucumbios with Ecuador
Case

No. 002-2003, and any appeals and enforcement actions stemming therefrom.

65.

"LAGO AGRIO PLAINTIFF ACTIVISTS" means and refers to persons who

plan, organize, fund, or carry out protests, rallies, MEDIA events, campaigns, or other activities intended to promote awareness of the LAGO AGRIO LITIGATION and related issues,

including, but not limited to, AMAZoN WATCH, ASSEMBLY OF THE AFFECTED, Atossa
Soltani, Kevin Koenig, Mitchell Anderson, Esperanza Martinez, Simeon Tegal, Michael Brune,

Leila Salazar, Han Shan, Kevin Jon Heller, RAINFOREST ACTION NETWORK, Acci6n
Ecol6gica, Oil Watch, Trudie Styler, Daryl Hannah, Bianca Jagger, Joshua Rizack, You Break

It

You Fix It, and the Yes Men.

66.
persons

"LAGO AGRIO PLAINTIFF CONSULTANTS" means and refers to any and all

or organizations retained by the LAGO AGRIO PLAINTIFFS or any person affiliated

t5

with the LAGO AGRIO PLAINTIFFS for purposes related to analysis of environmental harm,
personal injury, remediation, compensation, or other disputed issues in the LAGO AGzuO

LITIGATION and any investigation related thereto. This includes, without limitation:
STRATUS; E-TECH; 3TM International, Inc.;ELAW;UHL & ASSOCIATES;Juan Crist6bal

Villao Yepez; Ann Maest; Douglas Beltman; Jennifer Peers; Peter Jones; David Mills; Michael
Carney; Charles Champ; Richard ("Dick") Kamp;Laura Belanger; Richard Clapp; William Powers; Joshua Lipton; David Chapman; Mark Quarles; Carlos Martin Beristain; David Russell;

Global Environmental Operations, Inc.; Adolfo Maldonado;Miguel San Sebastian; Rocio

Santillan; Ximena Echeveria; Fausto Penafiel; Tania Naranjo; Fausto Moreano; Lorena Gamboa; Tatiana EgiezLarrea; Falika Ranil Senanayake; Josd David Torres Gallardo; Carlos Eduardo Cer6n Maftinez; Josd Javier Egas Cadena; Josd Nelson Gallo Velasco; Manuel Pallares

Carrion; Forest Garden Products Inspection and Certification Limited; H5; Grant Fine; and the POST-CABRERA CLEAN SING CON SULTANTS.

67,

..LAGO AGzuO PLAINTIFF JUDICIAL INSPECTION EXPERTS,,means and

refers to all people or organizations retained by the LACO AGRIO PLAINTIFFS or any person

affiliated with the LAGO AGRIO PLAINTIFFS for purposes of serving as an expert in the

judicial inspection process of the LAGO AGzuO LITIGATION, including, but not limited to,
Dr. Charles Calmbacher, Jennifer Bilbao Garcia, Edison Camino Castro, Oscar Miguel Davila
Benitez, Orlando Manuel Felicita Nato, Xavier Alonso Grandes Zambonino, Jose Robalino

Hidalgo, Amaury Mauricio Suarez Rivera, Luis Alberto Villacreces Carvajal, Francisco Viteri
Santamaria, and Fabian Alberto Mora Orozco.

68.

..LAGO AGRIO PLAINTIFF LABORATOzuES,,means and refers to AII

laboratories that the LAGO AGRIO PLAINTIFFS hired, contracted with, paid, or otherwise

L6

relied upon in relation to the CHEVRON LITIGATIONS, including the SELVA

VIVA

LABORATORY, HAVOC, Centro de Servicios Ambientales y Quimicos de la Pontificia

Universidad Cat6lica del Ecuador (a.k.a. CESAQ-PUCE, CESAQ), Corporaci6n de Laboratorios Ambientales del Ecuador CORPLABEC S.A. (a.k.a. CORLAB; CORPLAB), Analytical
Services, Inc. ("ASI"), Calscience Environmental Laboratories, Inc., Analytical Environmental Services, Inc., and Suelos LABSU Laboratory at Colegio Camboa del Coca.

69.

"LAGO AGRIO PLAINTIFF LAW FIRMS" means and refers to any law firm or

lawyer providing professional services to or otherwise assisting the LAGO AGRIO

PLAINTIFFS, any of the RICO DEFENDANTS or CO-CONSPIRATORS, or any party adverse

to CHEVRON, in any of the CHEVRON LITIGATIONS, including, but not limited to: Steven Donziger; the DONZIGER FIRMS; Joseph Kohn; KOHN SWIFT & GRAF;PATTON BOGGS;

Motley Rice LLC; Emery Celli Brinckerhoff & Abady LLP;Forum Nobis PLLC; Constantine
Canon LLP; Brownstein Hyatt Farber Schreck LLP; Recht Kornfeld PC; Horowitz Forbes LLP;

Law Offices of Crist6bal Bonifaz, Burke O'Neil LLC; Wheeler Trigg O'Donnell LLP; Aguine,

Morris & Severson,LLP; Freedman Boyd Hollander Goldberg Ives & Ducan, PA; Dow Golub
Remels

& Beverly, Roberts & Stevens;Neidl & Asociados;

Smyser, Kaplan

& Veselka, L.L.P.

(solely in its role as counsel in the CHEVRON LITIGATIONS, and not in the matter of Chevron
Corp. v. Donziger, et al.,11 Civ. 0691 (S.D.N.Y.)); Stein, Sperling, Bennett, De Johng, et al.;
Slater Tenaglia, Tobar

& Bustamante; Purrington Moody Weil LLP; Graham Erion; Aaron Page;

Juan Pablo Siienz; Julio Prieto; Alejandro Ponce Villacis; Alberlo Wray; Monica Pareja; and

Pablo Fajardo Mendoza.

70.

"LAGO AGzuO PLAINTIFF LOBBYISTS" means and refers to all persons

retained by or otherwise cooperating with the RICO DEFENDANTS for the purposes

of

I7

providing lobbying services, including, but not limited to, Ben Barnes and the Ben Bames
Group, James Carville, James Sharp, Wayne Gibbons, Thomas Downey and the Downey

McGrath Group, Teddy Downey, Willie Lewis Brown, Jr. and Willie Brown Inc.

71.

"LAGO AGRIO PLAINTIFFS" means and refers to Defendants Alfredo Donaldo Wilfrido Piaguaje Payaguaje,

Payaguaje Payaguaje, Angel Justino Piaguaje Lucitante, Armando

Beatriz Mercedes Grefa Tanguila, Benancio Freddy Chimbo Grefa, Bertha Antonia Yumbo Tanguila, Carlos Grega Huatatoca, Catalina Antonia Aguinda Salazar, Celia Irene Viveros
Cusangua, Clide Ramiro Aguinda Aguinda, Daniel Carlos Lusitande Yaiguaje, Delfin Leonidas Payaguaje Payaguaje, Elias Roberto Piyahuaje Payahuaje, Emilio Martin Lusitande Yaiguaje, Esteban Lucitante Yaiguaje, Fermin Piaguaje Payaguaje, Francisco Alvarado Yumbo, Francisco

Matias Alvarado Yumbo, Francisco Victor Tanguila Grefa, Gloria Lucrecia Tanguila Grefa,

Guillermo Vicente Payaguaje Lusitante, Heleodoro Pataron Guaraca, Hugo Gerardo Camacho
Naranjo, Javier Piaguaje Payaguaje, Josd Gabriel Revelo Llore, Josd Miguel Ipiales Chicaiza,

Lidia Alexandra Aguinda Aguinda, Lorenzo Jos6 Alvarado Yumbo, Lourdes Beatriz Chimbo
Tanguila, Lucio Enrique Grefa Tanguila, Luis Agustin Payaguaje Piaguaje, Luis Armando

Chimbo Yumbo, Luisa Delia Tanguila Narvaez,Maria Victoria Aguinda Salazar, Maria Clelia
Reascos Revelo, Maria Hortencia Viveros Cusangua, Maria Magdalena Rodriguez Barcenes,

Miguel Mario Payaguaje Payaguaje, Narcisa Aida Tanguila Narvaez, Octavio Ismael Cordova
Huanca, Olga Gloria Grefa Cerda, Patricio Alberto Chimbo Yumbo, Patricio Wuilson Aguinda

Aguinda, Reinaldo Lusitande Yaiguaje, Rosa Teresa Chimbo Tanguila, Segundo Angel Amanta

Milan, Simon Lusitande Yaiguaje, and Teodoro Gonzalo Piaguaje Payaguaje.

72.

..LAGO AGRIO PLAINTIFF PUBLIC RELATIONS CONSULTANTS', meaNs

and refers to all persons retained by or otherwise cooperating with the RICO DEFENDANTS for

18

the purposes of assisting

with communications with the public or MEDIA, including, but not

limited to, Karen Hinton, HINTON COMMUNICATIONS, Ben Barnes, the Ben Barnes Group,

Kerry Kennedy, Cohen Strategic, LLC, Ken Sunshine, Sunshine, Sachs & Associates, West
Wing Writers, Jonathan Cohen, The Weiser Group, Jim Sharp, Sharp & Associates, New
Partners, Christopher Lehane, Mark Fabiani, and Fabiani

&

Lehane. means and refers to The Law

73.

"LAW OFFICES OF STEVEN R. DONZIGER"

Offices of Steven R. Donziger and its officers, directors, employees, partners, corporate parents,
subsidiaries or affi liates.

74.

"MEDIA"

means and refers to any person in the press or publishing business,

including, but not limited to, journalists, bloggers, news anchors, radio personalities, reporters,
and officers, directors or employees of companies in the media business'

75.

"MOODIE MEMO" means and refers to the February 2,2009 memorandum from

Nicholas Moodie to Julio Prieto and Juan Pablo S6enz titled "The standard of proof in US common-law toxic tort negligence claims" and produced as WOODS-HDD-0012793, including,

without limitation, any other draft or version of that documents.

76.

"NEXTANT" means and refers to Nextant LLC of 12777 Jones Road, Suite 380,

Houston, Texas 77070, and its current and former subsidiaries, affiliates, paftners, officers, directors, employees, contractors, representatives, agents, attorneys, accountants, assigns or any other person acting, or purporting to act, on Nextant's behalf, either directly or indirectly,

including, but not limited to, Andres Snaider and Juan Pablo Navas'

77.

"NONGOVERNMENTAL ORGANIZATION"

oT

"NGO" mean and refer to any

"private or nonprofit organization that is formed or organized independently from a national or

t9

local government entity," as defined by the United States Agency of International Development
(" U

SAID") at http

II

idea.

u s ai d.

gov

I ls I pv o I

faq# ql

78.

"NYC COMPTROLLER" means and refers to the Office of the New York City

Comptroller, including the NYC Comptroller's officials, employees, attorneys, accountants,

staff, or any other person acting, or purporting to act, on the NYC Comptroller's behali either

directly or indirectly, including, but not limited to, William Thompson, John Liu, and Patrick
Doherty.

79.

"NYS COMPTROLLER" means and refers to the Office of the New York

State

Comptroller, including the NYS Comptroller's officials, employees, attorneys, accountants, staff,
or any other person acting, or purporting to act, on the NYS Comptroller's behalf, either directly or indirectly, including, but not limited

to:

Thomas P. DiNapoli; Alan Hevesi; Julie Gresham;

George Wong; Basil Anastassiou; Luke Bierman; Cathy Calhoun; John Chartier; Jenika Conboy; Patrick Doherty; Ellen Evans; Olayinka Fadahunsi; Jim Fuchs; Pete Grannis;Nancy Groenwegen; Diana Hoffman; Mark Johnson; Cathy LaVoy; Maureen Madden; Gianna

McCarthy; Kevin Murray; Elaine Reilly; Kevin Sajdak;Erin Stevans;John Stouffer;Eric

Sumberg; Shawn Thompson; Dennis Tompkins; and Marjorie Tsang.

80.

"OXFAM AMERICA" means and refers to Oxfam America, including Oxfam

America's executives, officers, directors, employees, staff, or any other person acting, or purporting to act, on Oxfam America's behalf, either directly or indirectly.

81.

"PATTON BOGGS" means and refers to Patton Boggs LLP and its current and

former members, paftners, employees, representatives, agents, or any other person acting, or purporting to act, on their behalf; either directly or indirectly, including, but not limited to:
James

Tyrell; Eric Westenberger;Adlai Small; Ed Yennock; Jason Rockwell;Eric Daleo;

20

Andrew Kirschenbaum; Anthony Laura; Alexandra Chopin; John Zefutie; Diana Whitford;
Theresa Morgan or Tania Corbacho; and any predecessors or successors of the foregoing.

82.

"PENNSYLVANIA TREASURY" means and refers to the Treasury of the

State

of Pennsylvania alWa the Pennsylvania Treasury, including the Pennsylvania Treasury's funds,

officials, employees, attorneys, accountants, staff, or any other person acting, or purporting to
act, on the Pennsylvania Treasury's behalf, either directly or indirectly, including, but not limited to, Rob McCord, John Lisko, and Jim Williamson.

83.

"PETROECUADOR" rneans and refers to EP Petroecuador, Empresa Priblica

Petroecuador, the Republic of Ecuador's national oil company, including any predecessors, subsidiaries, operating companies, joint ventures, and related entities thereof.

84.

"PETROECUADOR REMEDIATION PROGRAM" means and refers to the

remediation programs of PETROECUADOR, as well as other Ecuadorian organizations conducting remediation in the FORMER CONCESSION AREA, including, but not limited to: the Project for Elimination of Pits in the Amazon District (Proyecto de Eliminaci6n de Piscinas
en el

Distrito Amaz6nico/PEPDA); which was instituted by PETROECUADOR in 2005;

Proyecto Eliminaci6n de Piscinas y Limpiezade Derrames en el Distrito Amaz6nico (PEPDA); Proyecto Eliminaci6n de Piscinas Contaminadas en el Distrito Amaz6nico (PEPDA);Proyecto

Eliminaci6n de Piscinas en el Distrito Amaz6nico PEPDA y Limpieza de Derrames (PEPDA);

Proyecto Eliminaci6n de Piscinas Contaminadas y Limpieza de Derrames en el Distrito

Amaz6nico (PEPDA); Plan de Restauraci6n Integral de Pasivos Ambientales en el Distrito Amaz6nico (PRIPA); Unit for Mitigation and Remediation (Unidad de Mitigaci6n y
Remediaci6n de Petroecuador/UMR), which replaced PEPDA in 2008; Unidad de Remediaci6n

Ambiental; Vicepresidencia Corporativa Ambiental, de Seguridad Industrial y Salud Integral;

21

Vicepresidencia Corporativa de Ambiente, Responsabilidad Social, Seguridad y Salud, de

PETROECUADOR (VAS), con dos Subgerencias especializadas, una en Gesti6n Ambiental y

Responsabilidad Social y la otra en Seguridad Integral y Salud Ocupacional; Gerencia de Seguridad Salud y Ambiente; Unidad de Tecnologias Ambientales de Petroecuador; Unidad de Responsabilidad Social de Petroecuador; Unidad Tdcnica y Monitoreo de Petroecuador; Subgerencia de Gesti6n Ambiental de Petroecuador; Programa de Reparaci6n Ambiental y Social (PRAS); Proyecto de Reparaci6n Ambiental y Social (PRAS); Sistema de indicadores de
Pasivos Ambientales

y Sociales (SIPAS); Sistema de Informaci6n Geogr6fica Corporativo Socio

Ambiental de la Gerencia Ambiental; Responsabilidad Social, Seguridad y Salud de

Petroecuador (SIGVAS); and Proyecto Eliminaci6n de Piscinas de Crudo Intemperizado en el

Distrito Amaz6nico.

85.

"POST-CABRERA CLEANSING CONSULTANTS" means and refers to The

Weinberg Group, Ted Dunkelberger, Tom Golojuch, Christopher Arthur, Marla Scarola, Kerry Roche, Douglas C. Allen, Jonathan Shefftz, JShefftz Consulting, Lawrence W. Barnthouse, Carlos E. Picone, Daniel L. Rourke, R. Paolo Scardina, Carlos Peza, Alejandro Garro, Dagmar Schmidt Etkin, Environmental Research Consultants, Industrial Economics, Inc., and any other
persons whose work was sought for the purpose of submitting reports to the LAGO AGRIO

COURT regarding damages assessments in 2010.

86.

"PRE-INSPECTION PROCESS" means and refers to sampling and other

activities conducted by the LAGO AGzuO PLAINTIFFS, their attorneys, agents, and
consultants, or anyone acting on their behall or CHEVRON at the judicial inspection sites in the

FORMER CONCESSION AREA to prepare for the judicial inspections'

22

87

"PRODUBANCO" means and refers to Produbanco and any of its affiliates,

subsidiaries, branches, agencies, managers, employees, agents, representatives, consultants, attorneys or any other person acting for, at the direction of, or on behalfofProdubanco.

88.

..PURPORTED AUSTRALIAN MOST PROBABLE CAUSE TEST,,means and

refers to the "most probable cause" theory of which the LAGO AGRIO JUDGMENT claims

"Australian case law tells us that causation can be established by a process of inference, which
combines concrete facts even

if the actual causation cannot be attributed to any one of them by

itself, which means that there is no need for the cause of the harm to be any one single contaminating substance, but that it is sufficient if this contaminating substance has been a contributing factor, which means that the defendant's participation must be more than minimal,

trivial or an insignificant factor."

89.

"PURPORTED CABRERA TEAM" means and refers to any person identified in

any filing in the LAGO AGRIO LITIGATION who purportedly assisted CABRERA, including,

without limitation, any individual identified in Annex V to the CABRERA REPORT and any of
the following individuals: Carlos Eduardo Ceron Martinez; Andrea Ximena Echeverria Echeverria; Josd Javier Egas Cadena;Maria Tatiana EguezLarrea; Josd Nelson Gallo Velasco;

Luis Miguel Garcia Aragon; Luis Antonio Gomez Avila; Maria de Lourdes Larrea Castelo;
Carlos Martin Beristain; Claudia Patricia Navarro Perez; Dario Paez Rovira; Falika Ranil
Senanayake; Luis Fernando Tonato Quinga; Jos6 David Torres Gallardo; Juan Crist6bal Villao

Yepez; and Rocio Santillan.

90.

"RAINFOREST ACTION NETWORK" and "RAN" mean and refer to Rainforest

Action Network of 221Pine Street, 5th Floor, San Francisco, California94104, including RAN's officers, directors, members, partners, contractors, employees, representatives, agents, assigns, or

23

any other person acting, or purporting to act, on RAN's behall either directly or indirectly,

including, but not limited to, Maria Ramos, Ginger Cassady, and Mike Gaworecki.

91.

"RECORD" means and refers to all documents incorporated into the official

case

file of the LAGO AGzuO LITIGATION through an order of the LAGO AGRIO COURT,
known as a "providencia," and maintained by the clerk of the LAGO AGRIO COURT in

individually bound volumes, known

as "cuerpos legales,"

with (i) each page of each document

therein stamped with the official circular seal of the LAGO AGRIO COURT; (ii) the last page
each document presented for

of

filing by one of the parties bearing the clerk's official stamp noting

the date and time that the document was presented to the clerk for filing with the LAGO AGRIO

COURT; and (iii) each page of each document bearing a handwritten, sequential page number, imprinted by the clerk of the LAGO AGRIO COURT, with the same number being repeated on
the back side of a document page with the addition of a "v" or the word "vuelta" (meaning "back side") when the page bears information on both sides.

92.

"RELATED WEBSITES" means and refers to the websites

at the

following

URLs and any other website controlled by or on behalf of the LAGO AGzuO PLAINTIFFS, their attorneys, or agents: http://www.texacotoxico.org/; www.changechevron.org; www.chevrontoxico.orgl'http:llchevrontoxico.com/;http:/lamazonwatch.orgl;
hup ://www .ran.or gl ; http ://truecostofchevron.com/ecuador.html;

http://www.thechevronpit.blogspot.com/; http://www.chevroninecuador.com/; http://twitter.com/ChangeChevron; http://www.facebook.com/changechevron; http://understory.ran.orgl;http:lltvww.fda.org.ecl;

http ://chevronthinkswerestupid.org
I
:

www.ChevronlsGuilty.org;

; http I I chevron-weagree.com/;

http ://www.causes.com I causesl 8261 4-stop-chevron-defend -the-amazon;

24

http ://jungledispatch.co ml ; http

II

www. facebookrcoml amazonwatchnews;

http://www.facebook.com/rainforestactionnetwork; www.facebook.com lpageslAmazonDefense-Coalition; http ://www.facebook.com/JungleDispatch;

hup ://www.facebook.com/ChevronPit; http ://www.casotexaco.com/;

http://twitter.comlamazonwatch; http://twitter.com/RAN;http:l/twitter.com/Coldmtn; http.lltwitter.com/AntoniaJuhasz;http://twitter.com/SimonBillenness;

http ://twitter.com/ChevronPit; http ://twitter.comiAmazonDefense
;

hup ://twitter.com/MitchNAnderson ; http ://twitter.com/KarenHinton;

http://www.huffingtonpost.comikaren-hinton l;http:llwww.youtube.com/user/RANVideo;
http ://www"youtube.com/userlAmazonWatch
;

http ://www.fl ickr.com/photos/rainforestactionnetwork/;

http://www.flickr.com/photos/amazonwatchphotos; http://chevrontoxico.tumblr.org; http://twitter.com/Chevron_Toxico; http://www.facebook.com/ChevronToxicoOficial; http://www.youtube.com/user/ChevronToxicoOficial; http://vimeo.com/chevrontoxico; http://truecostofchevron.coml; http://www.flickr.comiphotos/texacotoxico;

http ://www.ecuanex.net.ecl fdal ; http ://www.oilwatch sudamerica.org/;

http://www.accionecologica.org/; http://www.sosyasuni.org/en/index.php; http:/iwww.businesshumanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryactionll-awsuitsSelectedcases/Texa coChevronlawsuitsreEcuador#news ; http ://www.axisofl ogic.com/; http://www.amnesfyusa.org/our-work/issues/business-and-human-rights?id:

I 101670;

www.ethosalliance.org; http :i/itsgettinghotinhe re.or

http :l/www.esperanzainternationalinc

gl ;

"org/; www.chevronecuador.blogspot.com;

hup://www.livesforoil.blogspot.coml http:llran.org/we-can-change-chevron;

25

http://www.oilwatch.orgl; http:llwww.causes.com/causes/383366-the-chevron-texaco-oil-coand-destruction-of-amazonast http://www.causes.com lcausesl192449-chevrontoxico-com; http://www.causes.com/causes/15169-texacotoxico; http:/iwww.causes.com lcauses/492769-

freedom-of-speech-against-chevron;http://www.causes.comlcausesl628713-boycott-texacochevron-for-ecuador-am azon ian-oil-devastation.

93.

"RICO DEFENDANTS" means and refers to Steven R. Donziger, the

DONZIGER FIRMS, STRATUS, Ann Maest, Douglas Beltman, Pablo Fajardo Mendoza, Luis
Yanza, AMAZON DEFENSE FRONT and SELVA

VIVA.

94.

"ROE" means and refers to the governing political body in Ecuador, including,

without limitation, its current and former presidents, attorneys general, judges, other officials,
politicians, partners, contractors, employees, representatives, agents, agencies, officers,
attorneys, accountants, assigns, or any other person acting, or purporting to act, on the ROE's behalf, either directly or indirectly, including, but not limited

to:

Rafael Correa; Martha Escobar;

Patricio Garcia; Alexis Mera; Alberlo Acosta; Ana Alban; Galo Chiriboga; Rene Vargas Pazos;

Mauricio Montalvo Samaniego; Judge Alberto Guerra Bastidas; Judge Efrain Novillo Guzmdn;
Judge Germ6n Ydnez Ricardo Ruiz; Judge Juan Evangelista Nriflez Sanabria; Judge Leonardo

Ord6flez Pina; Judge Nicol6s Augusto ZambranoLozada; Judge Juan Carlos Encarnaci6n
Sanchez; Judge CruzMaria

Avila Delgado; Judge Marco Antonio Yaguache Mora; Judge Milton

David Rafael Toral Zevallos; Judge Alejandro Kleber Orellana Pineda; Judge Lilia Marlene Ortiz V6squez; Josd Maria Borja; Washington Pes6ntez; Cecilia Armas Erazo de Tobar; Jorge
German; Diego Borja (former Economic Policy Minister); Esperanza Martinez; Diego Garcia

Carri6n; ALIANZA PAIS; and any current or former Fiscal or Attorney General.

26

95.

"ROE LITIGATION" means and refers to the case of Republic of Ecuador

v.

Chevron Corp., Case Nos. 09 Civ. 9958, 10 Civ. 0316 (S.D.N.Y.), appealed,l0-1020-CV(L),

t0-1026 (CoN) (2d Cir.).

96.

"SAMPLING AND ANALYSIS PLAN" means and refers to the document titled

"Terminos de Referenciapara la Actuacion de los Peritos Durante las Inspecciones Judicials," including the attachments "Plan de Muestreo" and "Plan de An6lisis," submitted to the LAGO

AGRIO COURT on August 78,2004 and found in the RECORD at fojas CL80-8470-CL80855 1.

97.

..SECURITIE,S AND EXCHANGE COMMISSION,, orO.SEC,,mean and rEfEr

tO

the United States Securities and Exchange Commission, including the United States Securities
and Exchange Commission's officials, employees, attorneys, accountants, staff, or any other

person acting, or purporting to act, on the United States Securities and Exchange Commission's behalf, either directly or indirectly.

98" gg.

"SELVA VIVA" means and refers to Defendant Selva Viva Selviva Cia. Ltda.,

and its officers, directors, employees, partners, cotporate parents, subsidiaries or affiliates.

"SELVA VIVA DATABASES" means and refers to all DATABASES prepared

by, relied upon, or maintained in relation to the CHEVRON LITIGATIONS by the LAGO

AGzuO PLAINTIFFS, the LAGO AGRIO PLAINTIFF CONSULTANTS, the LAGO AGzuO

PLAINTIFF LAW FIRMS, or any other agent working on behalf of the LAGO AGRIO

PLAINTIFFS. This includes, but is not limited to, the DATABASE initially created in or around
2007 by the LAGO AGRIO PLAINTIFFS or their agents and known as the "Base de Datos de Selva Viva del caso de Aguinda v. ChevronTexaco," all DATABASES containing sampling data, contaminant data, and chemical data, all DATABASES containing maps, aerial photos and

27

the locations of purported pits in the FORMER CONCESSION AREA, and all DATABASES

identified in section 2.1 of the document titled "Estimated Costs for Remediating Contaminated
Waste Pits from

Oil Exploration and Production Activities in the Napo Concession, Ecuador,"

prepared by STRATUS and 3TM International, Inc. and produced to CHEVRON by Steven

Donziger at DON2000447

67

100.

"SELVA VIVA LABORATORY" means and refers to the Selva Viva laboratory

purportedly used for chemical analyses of certain samples collected by the JUDICIAL INSPECTION EXPERTS.

101.

"SELVA VIVA RECORD SUMMARY" means and refers to the spreadsheet

"pruebas pedidas en etapa de pruebas.xls," produced as DON200048820, and other versions that document, including, without limitation, the document produced as GARR-HDD0003243.x1s.

of

102.

"SHAREHOLDER ACTIONS" means and refers to any investor statement, proxy

solicitation, shareholder resolution, shareholder letter or other action by some or all shareholders of CHEVRON, whether taken or contemplated.

103.

"STRATUS" means and refers to Defendant Stratus Consulting, Inc. and includes

Stratus's officers, directors, employees, partners, corporate parents, subsidiaries or affiliates.

104.

"STRATUS INSURANCE ACTION" means and refers to the case styled

Navigators Specialty Insurance Company v. Beltman, et al., Case No. 11-cv-00715-RPM (D. Colo.), filed on or about March 21,2011.

105.

"SLINTRUST BANK" means and refers to SunTrust Bank and any of its

affiliates, subsidiaries, branches, agencies, managers, employees, agents, representatives,

28

consultants, attorneys or any other person acting for, at the direction of, or on behalfofSunTrust Bank.

106.

"TEXACO" means and refers to Texaco,Inc. and its current and fotmer

subsidiaries, affiliates, partners, officers, directors, employees, representatives, agents, and any other person acting, or purporting to act, on their behall and any predecessors or successors the foregoing.

of

107. 108.

"TEXPET" means and refers to Texaco Petroleum Company.

"TEXPET REMEDIATION AND RELEASE" means and refers to the following

agreements and the performance of any legal obligation or scope of work contained therein: (1)

Memorandum of Understanding between the Government of Ecuador, PETROECUADOR and

TEXPET, dated December 14, D9a; Q) Contract for Implementing of Environmental Work and
Release From Obligations,

Liability and Claims between the Republic, PETROECUADOR and

TEXPET, dated May 4,1995; (3) Final Act and Release, dated September 30, 1998; $)
Statement of Work; and (5) the Remedial Action Plan.

109.

"THREATS" means and refers to statements, messages, or other means of

suggesting violence, harassment, theft, or intimidation.

I10.

"TRECA FLINDING AGREEMENT" means and refers to the Funding

as

Agreement between Treca Financial Solutions and parties identified in the agreement

"Claimants," produced inthe 1782 ACTIONS as DON200015670.

1

11.

"TRILLIUM"

means and refers to

Trillium Asset Management, including

Trillium's funds, members, partners, contractors, employees, representatives, agents, attorneys,

accountants, assigns, or any other person acting, or purporting to act, on Trillium's behalf, either

directly or indirectly, including, but not limited to, Shelley Alpern or Jonas Kron.

29

lI2.

"TRUST E-MAIL" lneans and refers to the document "FIDEICOMISO.msg,"

produced as DON200051504, including, without limitation, any other version of the document.

113. "UHL & ASSOCIATES" means and refers to Uhl, Baron,

Rana

& Associates,

Inc. of 258 S. Franklin St., P.O. Box 357, Lamberlville, New Jersey 08530, and its curent and
former parents, subsidiaries, affiliates, partners, officers, directors, employees, associates, interns, representatives, and agents, including, but not limited to, Juan Crist6bal Villao Ydpez,
and any other person acting, or purporting to act, on their successors of the foregoing.

behall and any predecessors or

ll4.

"UNFILED LAGO AGRIO PLAINTIFFS' WORK PRODUCT" means and refers

to the following documents prepared in whole or in part by the LAGO AGRIO PLAINTIFFS,

RICO DEFENDANTS, CO-CONSPIRATORS, LAGO AGRIO PLAINTIFF CONSULTANTS,

LAGO AGRIO PLAINTIFF LAW FIRMS, LAGO AGRIO PLAINTIFF ACTIVISTS, or anyone
acting on their behalf, in connection with the LAGO AGRIO LITIGATION, which were not

filed in that litigation and did not become part of the RECORD in the LAGO AGRIO

LITIGATION, including: the FUSION MEMO; the MOODIE MEMO;the SELVA VIVA
RECORD SUMMARY; thE SELVA VIVA DATABASES; thE TRUST E-MAIL;thE I(ATIA

FACH GOMEZ MEMO; and the DRAFT ALEGATO.

115.

"U.S. CONGRESS" means and refers to the United States Congress and any

committees, subcommittees, members, or staff of the United States Congress.

116.

"U.S. GOVERNMENTAL AGENCY" means and refers to any branch, agency,

official, or employee of the government of the United States or any state, territory, or possession
of the United States or political subdivision thereof, including, but not limited to: (1) the SEC;
(2) the Department of Justice;(3) the Department of State; (4) the DEPARTMENT OF

30

DEFENSE; (5) the Office of the United States Trade Representative; (6) any Attorneys General
or District Attorney's office or the equivalent; (7) the U.S. CONGRESS; and (8) any city or state
agency responsible for or charged with managing public employee pension funds, including, but

not limited to, the New York Attorney General's Office, the NYC COMPTROLLER, the NYS COMPTROLLER, the Califomia State Controller's Office, the PENNSYLVANIA TREASURY,
the Maryland State Comptroller's Office, the North Carolina State Treasury, and the New Jersey
State Treasury.

1I7.

"YASLTNI-ITT INITIATIVE" means and refers to the project initiated by the

ROE in 2007 seeking foreign funding in connection with the Yasuni National Park, and resulting in an agreement with the UN Development Programme in 2010 that established the Yasuni ITT
Trust Fund.

118.

"YOIJ" and "YOUR" mean and refer to RESPONDENT and, where applicable,

RESPONDENT's agents, officers, directors, employees, paftners, corporate parent, subsidiaries

or affiliates. This definition is not intended to impose a discovery obligation on any person who
is not a party to the litigation.

31

ATTACHMENT C
INSTRUCTIONS
The following instructions shall govern the response and production of documents:

1.

In response to these requests, YOU are required to produce all responsive

documents in YOUR possession, custody, or control, including documents in the possession of, or available or accessible to, YOU or any of YOUR agents, attorneys or representatives.

2.

At the time and place of production of the documents requested herein, the

documents requested are to be produced in the same order as maintained in the ordinary course

of business and in accordance with Rule 45 of the Federal Rules of Civil Procedure.

3.

If YOU

object to a portion or an aspect of a Document Request, YOU are

required to state the grounds for YOUR objection with specificity within

l4

days of these

Document Requests and to respond as to any portion(s) of the Document Request concerning

which YOU have not propounded such objection.

4. 5.

For each document produced, identify the specific Document Request category or

categories to which it is responsive.

In the event that any document called for by these Document Requests has been

destroyed, discarded, otherwise disposed of, or no longer exists, that document is to be identified
as

completely as possible, including, without limitation, the following information: author(s);

addressee(s); indicated or blind-copy recipient(s); date, subject matter; date of disposal; reason

for disposal or why it is no longer in existence; method of disposal; person(s) authorizing the
disposal; and the person(s) disposing of the document; and last known location.

6.

If with

respect to any Document Request there are no responsive documents, so

state in writing.

7.

Respondent shall produce metadata associated with responsive documents and

make it reasonably accessible to CHEVRON, including, but not limited to, producing e-mails that list visible "bcc" recipients and Microsoft Word documents that preserve and reveal any hidden notations, creation or alteration records, and other responsive metadata. This includes
metadata that is stored as part of the responsive document, and metadata stored by the file system

in which the responsive document is stored. CHEVRON reserves the right to request the

production of native copies of responsive documents where the produced metadata is incomplete.

8"

CHEVRON is willing to meet and confer with RESPONDENT to discuss the

logistics of production, but absent an alternative agreement, responsive documents shall be

produced in TIFF format with metadata included, subject to the following:

a.

responsive documents that cannot be produced in TIFF format due to

technical reasons shall be produced in a computer-readable and text

searchable format to be mutually determined by the parlies; and

b. Microsoft Excel files, Microsoft PowerPoint

files, database files, HTML files

and other responsive documents that are most conveniently viewed in their

native electronic format shall be produced in their native electronic format.

9.

If any documents, or porlion thereof,

are withheld because

YOU claim that such

information is protected under the attorney-client privilege, work product doctrine, or other privilege or doctrine, YOU are required to provide a privilege log, specifying for each such
document or withheld information: (i) the type of document, e.g., letter or memorandum; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author of the document, the addressees of the document, and any other recipients, and, where not apparent, the

relationship of the author, addressees, and recipients to each other; and (v) a statement of the

basis upon which the privilege or work product claim is made.

10. 11.
a.

Each of these Document Requests should be construed to exclude publicly

disclosed and available court filings made in the CHEVRON LITIGATIONS. Consistent with Southern District of New York Local Civil Rule 26.3,the

following rules of construction apply to all Document Requests:

the terms
and all;

"all," "any,"

and "each" shall each be construed as encompassing any

b.

the connectives "and" and "or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery requests all
responses that might otherwise be construed to be outside of their scope; and

c.

the use of the singular form of any word includes the plural and vice versa.

12. 13. 14.

Defined terms may be capitalized for convenience; the definitions herein apply

whether or not the term is capitalized. Except where expressly stated, these Document Requests are not limited in any

way by geography.
Except where expressly stated, the relevant time period for these Document

Requests is January

I,2003 through the present.