Chevron Corporation v. Donziger et al
Filing
2532
ORDER: For the foregoing reasons, Mr. Donziger's request is GRANTED in part and DENIED in part without prejudice to reapplication upon the conclusion of the case. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/18/2020) (va)
Case 1:11-cv-00691-LAK-RWL Document 2532 Filed 08/18/20 Page 1 of 13
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
19-CR-561 (LAP)
11-CV-691 (LAK)
-versusSTEVEN DONZIGER,
ORDER
Defendant.
LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE:
On July 22, 2020, the Court entered an order directing the
special prosecutors to produce redacted excerpts of the invoices
they submitted to the Southern District of New York for their
work and expenses on this case.
(Dkt. nos. 108, 109.)
The next
week, Mr. Donziger filed a letter (1) seeking “copies of any
forms generated as part of these invoices, or in response to
these invoices,” and (2) requesting that the prosecutors produce
documents or make an individualized showing as to why specific
invoice entries should not be disclosed.
(Dkt. no. 114.)
Mr.
Donziger’s requests are GRANTED in part and DENIED in part.
As to Mr. Donziger’s first request, upon reviewing each
invoice from the special prosecutors and finding that it was in
good order, the Court sent a letter to the District Executive’s
Office approving the invoice for payment.
The invoice approval
letters are attached to this order at Appendix A.
1
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As to Mr. Donziger’s second request, no disclosure beyond
what the Court directed in its July 22 order is warranted at
this point.
Mr. Donziger is incorrect in arguing that United
States v. Suarez, 880 F.2d 626 (1989) requires the production of
“all information related to the public payment of attorneys in a
criminal case . . . absent a particularized showing.”
112 at 1.)
(Dkt. no.
In Suarez, the Court of Appeals emphasized that the
scope of the requested information was “narrow,” covering only
“barebones data” provided in CJA payment coversheets “with none
of the detail or back-up information, such as attached
timesheets.”
880 F.2d at 631.
Mr. Donziger, by contrast, is
asking for invoices with the very kind of detailed timesheet
information that was not at issue in Suarez.
Given that
distinction, nothing in Suarez requires the special prosecutors
to make an individualized showing as to each timesheet entry.
Mr. Donziger may renew his request for complete invoices once
the case closes and there is no risk of revealing trial strategy
or violating work-product protection for the prosecution.
See
United States v. Gonzalez, 150 F.3d 1246, 1262 (10th Cir. 1998)
(upholding order for the release of CJA vouchers at the end of
trial and rejecting arguments for immediate release).
2
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For the foregoing reasons, Mr. Donziger’s request is
GRANTED in part and DENIED in part without prejudice to
reapplication upon the conclusion of the case.
SO ORDERED.
Dated:
18
August ___, 2020
New York, New York
____________________________
LORETTA A. PRESKA, U.S.D.J.
3
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APPENDIX A
4
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
500 PEARL STREET
NEW YORK, NEW YORK 10007�1312
LORETTA A. PRESKA
2 I 2-805-0240
FAX 805-794 1
SENIOR UNITED STATES DISTRICT JUDGE
July 7, 2020
James Puskuldijian
United States District Court
Daniel Patrick Moynihan
500 Pearl Street, Suite 820
New York, NY 10007-1312
Re: United States v. Danziger, 19-Cr-561
Dear James,
I have reviewed the Seward and Kissel invoice for May 2020 (Invoice
Number 9160012212) and find it to be in good order. Accordingly, the invoice is
approved for payment.
Thank you for your assistance.
Loretta A. Preska
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
500 PEARL STREET
NEW YORK, NEW YORK 10007�1312
LORETTA A. PRESKA
2 I 2-805-0240
FAX 805-794 1
SENIOR UNITED STATES DISTRICT JUDGE
June 1, 2020
James Puskuldijian
United States District Court
Daniel Patrick Moynihan
500 Pearl Street, Suite 820
New York, NY 10007-1312
Re: United States v. Danziger, 19-Cr-561
Dear James,
I have reviewed the Seward and Kissel invoice for April 2020 (Invoice
Number 9160010576) and find it to be in good order. Accordingly, the invoice is
approved for payment.
Thank you for your assistance.
Loretta A. Preska
Case 1:11-cv-00691-LAK-RWL Document 2532 Filed 08/18/20 Page 7 of 13
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
500 PEARL STREET
NEW YORK, NEW YORK 10007�1312
LORETTA A. PRESKA
2 I 2-805-0240
FAX 805-794 1
SENIOR UNITED STATES DISTRICT JUDGE
May 6, 2020
James Puskuldijian
United States District Court
Daniel Patrick Moynihan
500 Pearl Street, Suite 820
New York, NY 10007-1312
Re: United States v. Danziger, 19-Cr-561
Dear James,
I have reviewed the Seward and Kissel invoice for 2020 (Invoice Number
9160009516) and find it to be in good order. Accordingly, the invoice is approved for
payment.
Thank you for your assistance.
Loretta A. Preska
Case 1:11-cv-00691-LAK-RWL Document 2532 Filed 08/18/20 Page 8 of 13
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
500 PEARL STREET
NEW YORK, NEW YORK 10007�1312
LORETTA A. PRESKA
2 I 2-805-0240
FAX 805-794 1
SENIOR UNITED STATES DISTRICT JUDGE
March 31, 2020
James Puskuldijian
United States District Court
Daniel Patrick Moynihan
500 Pearl Street, Suite 820
New York, NY 10007-1312
Re: United States v. Danziger, 19-Cr-561
Dear James,
I have reviewed the Seward and Kissel invoice for February 2020 (Invoice Number
9160007716) and find it to be in good order. Accordingly, the invoice is approved for
payment.
Thank you for your assistance.
Loretta A. Preska
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