Chevron Corporation v. Donziger et al

Filing 2412

MEMORANDUM AND ORDER denying without prejudice 2391 Motion in Limine; denying 2405 Motion to Stay. Donziger's letter motion to stay or adjourn the December 12, 2019 hearing, to hold Chevron's motion in abeyance, and to permit his co unsel in the criminal contempt case to make a special appearance or, alternatively, to give Danziger "an opportunity either to address the substance of Chevron's motion or pursue appellate rights [Dkt. 2405] is denied in all respects, 16 provided, however, that the Court has considered the submission by Donziger's criminal defense counsel on United States v. Rylander, 460 U.S. 752, 758 (1983) (holding that a civil contemnor'saffidavit and direct testimony "were prop erly disregarded by the District Court" because he refused to be cross-examined on Fifth Amendment grounds at his contempt hearing). The prayer for alternative relief is denied because Donziger already has had an opportunity to address the su bstance of Chevron's motion but elected not to do so. He had the usual fourteen day period from the filing of Chevron's motion within which to file answering papers and, indeed, sought no extension of that period. He instead moved for a stay or adjournment of the December 12 hearing without addressing the substance of Chevron's motion. He thus knowingly took the risk that his attempt to delay the hearing further would be denied and that Chevron's motion would be decided against him. this occasion and, on appropriate application and for good cause, might do so in the future. Chevron's motion in limine for an order precluding Danziger from refusing on the basis of his Fifth Amendment privilege against self incr imination to answer questions as to whether he has cured his contempt of Paragraph 4 of the Forensic Inspection Protocol Order [Dkt. 2391] denied without prejudice to the assertion of its contentions before the Magistrate Judge. (As further set forth in this Order.). (Signed by Judge Lewis A. Kaplan on 12/9/2019) (cf)