v. The Republic of Ecuador

Filing 9

ORDER by Magistrate Judge Edward M. Chen Granting 1 Republic of Ecuardo's Ex Parte Application for the Issuance of a Subpoena. (Attachments: # 1 Attachment Subpoena) (emcsec, COURT STAFF) (Filed on 9/15/2010)

v. The Republic of Ecuador

Doc. 9 Att. 1

A 0 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a C i v ~ Actlon l

for the Northern District of California The Republic of Ecuador, Applicant
Plarntfl

v.

1
)
Defendant

(If the action is pending in another district, state where:

1

SUBPOENA TO TESTIFY AT A DEPOSITION OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION

To: Diego Fernando Borja Sanchez Tertimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:

d

Place: Winston & Strawn LLP 101 California, Suite 3900

Date and Time: 1010112010 09:30
. . _.

The deposition will be recorded by this method: Bv Videotape and Stenographer

You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Exhibit A

8/ production:

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date:
CLERK OF COURT

OR
..

Signature o Clerk or ~ e p u t ~ s e r k f

Attorne-v 's signature

The name, address, e-mail, and telephone number of the attorney representing (name o f p a r l ~ The Republic of Ecuador , who issues or requests this subpoena, are: Richard A. Lapping, Winston & Strawn LLP, 101 California Street, Suite 3900, San Francisco, CA 941 11, email: . [e-mail], telephone: [phone], and Eric W. Bloom, Winston & Strawn LLP, 1700 K Street, N.W., Washington, DC 20006, email: [e-mail], telephone: [phone].

Dockets.Justia.com

A 0 88A

(Rev 01/09) Subpoena to Test~fy a Depos~tlon to Produce Documents In a CIVII at or Acuon (Page 2 )

Civil Action No. PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name ofindividual was received by me on (dare)
O I personally served the subpoena on the individual at (place)
and rille, ifany)

on

(dare) (name)

; or

O I left the subpoena at the individual's residence or usual place of abode with

, a person of suitable age and discretion who resides there,

on

(dare)

, and mailed a copy to the individual's last known address; or
(name ofindividual)

O I served the subpoena on

, who is

designated by law to accept service of process on behalf of (name oforganization)

O I returned the subpoena unexecuted because

; or

0 Other (specrfi).

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
$

78.38

My fees are $

for travel and $

for services, for a total of $

0.00

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

Date:
Server's signarure

Prinred name and rirle

Server's address

Additional information regarding attempted service, etc:

IN RE APPLICATION OF THE REPUBLIC OF ECUADOR SUBPOENA DIRECTED TO: DIEGO FERNANDO BORJA SANCHEZ EXHIBIT A
DOCUMENTS TO BE PRODUCED DEFINITIONS
1.

"And" includes the word "or" and vice-versa. "Any" includes the word "all" and vice-versa. As used herein, the terms "DOCUMENT" or "DOCUMENTS" shall mean all

2.
3.

COMMUNICATIONS in a tangible form, however produced, reproduced, or stored on any electronic media, and shall include, but shall not be limited to, the following: all records, memoranda, reports, financial statements, handwritten and other notes, transcripts, papers, indices, letters, envelopes, telegrams, cables, telex messages, tabulations, work papers, time sheets, statements, summaries, opinions, journals, desk calendars, appointment books, diaries, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals, notes or summaries of telephone conversations or messages or other COMMUNICATIONS of any type, video recording, photographs, tape or other recordings, punch cards, discs, data cells, drums, printouts, and other data compilations from which information can be obtained, electronically-stored information, correspondence, teletype messages, electronic mail, instant messages, internal memoranda, agreements, diary entries, minute books, financial records, accounting records, income tax returns, ledgers, journals, audits, receipts, canceled checks, check stubs, drafts and other written, deeds, leases, mortgages, assignments, insurance policies, or other instruments related to real or personal property printed or typed matter, diagrams, plans, pictures, travel, entertainment, or expense records or reports or any other tangible thing that constitutes

EXHIBIT A, SUBPOENA TO DIEGO BORJA, PAGE 1 OF 7

matter. The term "DOCUMENT" and "DOCUMENTS" shall also mean originals and exact copies or reproductions of all such written, printed, typed, recorded or graphic material or matter upon which notations or markings in writihg, print or otherwise have been made which do not appear in the originals.

4.

The term "COMMUNICATION(S)" shall mean the transmittal of any information by

any method and includes all meetings, discussions, telephone conversations, contracts, letters, e-mails, memoranda, correspondence, reports, statements, consultations, negotiations, estimates, purchase orders and any DOCUMENT relating thereto. 5. The phrase "RELATED TO" and "RELATING TO" shall mean in relation to,

related to, consisting of, referring to, reflecting, concerning, discussing, evidencing, commenting on, supporting, contradicting or having any logical or factual connection with the matter identified, in whole or in part.

6.

The term "PERSON" shall mean any individual, corporation, organization,

association, partnership, enterprise, limited partnership, limited liability company, firm, joint venture, trustee, governmental body, agency, governing board, department or division, or any other entity.
7.

The term "TEXPET" shall mean and refer to Texaco Petroleum Company, a

company organized under the laws of the State of Delaware, and includes all affiliated, associated, partially or fully-owned subsidiaries or in any way related companies and any of their agents, employees, former employees, advisors, consultants, representatives, attorneys, and any other persons acting or purporting to act on their behalf.

8.

The term "CHEVRON" shall mean and refer to Chevron Corporation and/or

ChevronTexaco Corporation, a company organized under the laws of the State of Delaware, and includes all affiliated, associated, partially or fully-owned subsidiaries or in any way related companies, including, but not limited to, TexPet, and any of their agents, employees, former EXHIBIT A, SUBPOENA T O DIEGO BORJA, PAGE 2 OF 7

employees, advisors, consultants, representatives, attorneys, and any other persons acting or purporting to act on their behalf.
9.

The phrase "LAG0 AGRIO LITIGATION" shall mean and refer to the case of

Maria Aguinda y Otros v. Chevron Corporation, currently pending in the Provincial Court of
Justice of Sucumbios in Ecuador.
10.
1 1.

The phrase "YOLTR WIFE" shall mean and refer to Sara Portilla. The term "WORK" shall mean and refer to any writing, analysis, study, report,

research, investigation, examination, opinion, ideas, calculation, inference, deduction, assumption, conclusion, technique, testing, sampling, or measuring, including any fieldwork, RELATING TO the LAG0 AGRIO LITIGATION.
12.

The terms "YOU" or "YOUR" shall mean and includes yourself and all persons

acting in your interest or on your instructions or assisting you, including without limitation your agents, servants, and representatives, including attorneys, accountants, investigators, advisors, environmental consultants, contractors, and medical consultants.

13.

As used herein, the singular form of a word shall be interpreted to include the

plural form and the plural form shall be interpreted to include the singular whenever appropriate in order to bring within the scope of this request any DOCUMENTS which might otherwise be considered to be beyond its scope.
14.

The term "including" is used without limitation to items or topics not specifically

listed.

INSTRUCTIONS The following instructions shall govern the response and production of DOCUMENTS:
1.

In the event that any DOCUMENT called for by these Document Requests is

withheld on the basis of a claim of privilege, that DOCUMENT is to be identified in a privilege

EXHIBIT A, SUBPOENA TO DIEGO BORJA, PAGE 3 OF 7

log as follows: author(s), addressees(s), indicated or blind copy recipient(s), date, subject matter, nature of document (e.g., report, memorandum, letter, email, etc.), number of pages, attachments or appendices, all persons to whom distributed, shown or explained, the present custodian, and the nature of the privilege asserted.
2.

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, PERSON authorizing the disposal nature of document (e.g., report, memorandum, letter, email, etc.), and the PERSON disposing of theDOCUMENT, and identifyits last known location and the reason it is no longer in existence. 3

. In the event that any information is redacted from a DOCUMENT produced

pursuant to these Document Requests, that information is to be identified and the basis upon which such information is redacted should be fully stated.

4.

In the event that multiple copies or versions of a DOCUMENT exist, produce all

non-identical copies of the DOCUMENT, including any and all drafts of the DOCUMENT.
5.

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.

6.

For each DOCUMENT produced, identify the specific Document Request category

to which it is responsive.

7.

Pursuant to Fed. R. Civ. P. 34(b)(l)(C), electronically stored information is to be

produced in its native electronic form, with all system and imbedded metadata intact. DOCUMENTS shall not be converted to any other format, including without limitation, .pdf or .TIFF

EXHIBIT A, SUBPOENA T O DIEGO BORJA, PAGE 4 OF 7

format, that in any way limits, destroys, modifies, or restricts system or imbedded metadata. If a DOCUMENT is maintained in both electronic and non-electronic form, the electronic form of the DOCUMENT is to be produced in its native electronic form, with all system and imbedded metadata intact.

8.

As used herein, the singular form of a word shall be interpreted to include the

plural form and the plural form shall be interpreted to include the singular whenever appropriate in order to bring within the scope of this request any DOCUMENTS which might otherwise be considered to be beyond its scope.

DOCUMENTS TO BE PRODUCED

1.

All documents relating to your engagement-as Chevron.

an independent contractor,

employee or in any other capacity-by

2.

All documents relating to your engagement or employment by any company

retained by, contracted with, or in any way affiliated with, Chevron.

3.

All documents prepared for or at the direction of, or otherwise provided to,

directly or indirectly, Chevron.
4.

All documents relating to your wife's engagement-as Chevron.

an independent contractor,

employee or in any other capacity-by

5.

All documents relating to your wife's engagement by any company retained by,

contracted with, or in any way affiliated with, Chevron.

6.

All documents relating to compensation, reimbursements, or other forms of

payment or remuneration received by you and/or your wife, directly or indirectly, from Chevron. 7. All documents relating to meetings between you and/or your wife and

representatives of Chevron.

EXHIBIT A, SUBPOENA TO DIEGO BORJA, PAGE 5 OF 7

8.

All communications between you and/or your wife and representatives of

Chevron, including, but not limited to, all documents provided by you and/or your wife to Chevron. 9. 10. 11. All communications between you and/or your wife and Wayne Hansen. All scripts prepared by you for use by Wayne Hansen. All communications between you and/or your wife and Santiago Escobar from

2009 through the present. 12. 13. A copy of your current passport and any passport used by you during 2009. All drafts of declarations referring or relating to meetings or other

communications with Ecuadorian citizens or with representatives of Chevron from 2009 through the present. 14. All notes, diaries, journals, or other documents referring or relating to meetings or

communications with, or actual or potential compensation or remuneration to you from, Chevron. 15. All notes, diaries, journals, recordings or other documents referring or relating to

communications with any of the individuals referred to in your Declarations dated June 27,2009; October 16,2009, and/or December 7,2009. 16. TexPet. 17. All documents regarding the environmental remediation credentials and/or All documents stored on your IPhone or Ipod referring or relating to Chevron or

capabilities of the company Interintelg, S.A. or any company in which you have an ownership interest or by which you have been retained as an employee or consultant.

EXHIBIT A, SUBPOENA TO DIEGO BORJA, PAGE 6 OF 7

18.

All documents referring or relating to companies you, directly or indirectly,

incorporated in Ecuador or elsewhere during the last ten years.
b

19.

All documents referring or relating to site inspections, the taking of soil, water, or

other samples, andor testing of soil, water, or other samples, conducted in connection with the Lago Agrio Litigation.
20.

All documents referring or relating to environmental remediation activities

conducted in the Oriente region of Ecuador by TexPet andor subcontractors of TexPet.

EXHIBIT A, SUBPOENA TO DIEGO BORJA, PAGE 7 OF 7