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Calmbacher from exposing the truth about the falsified reports that Defendants and their co­
conspirators filed in his name.
315. Under the guise of seeking to move to quash the subpoena, Donziger contacted
Dr. Calmbacher and attempted to convince him not to testify at his deposition, telling him that
testifying could pose "real problems" for him and could result in a "potential law case against"
him because "they're going to go after [him] for unprofessional behavior." Donziger had no
factual basis upon which to make these statements, which were false and misleading. When
asked at his deposition whether "Donziger [was] trying to convince [him] not to come and
testify," Calmbacher testified: "Very much so. Very much so."
316. Dr. Calmbacher disregarded Donziger's threats and outrageous claims, and
testified pursuant to the court-authorized subpoena. Shown copies of the reports filed by
Defendants in the Lago Agrio court under his name, Dr. Calmbacher testified, "I did not reach
these conclusions and I did not write this report." Dr. Calmbacher proceeded to explain how the
conspirators sent him a version of his expert report that correctly stated his views and blank
pages for him to initial so that they could obtain his signature for the falsified reports filed with
the Lago Agrio court, as described in paragraphs 117-20, supra.
317. In the Section 1782 proceeding directed at Donziger himself, he has disregarded
the Federal Rules of Civil Procedure and this Court's multiple express orders to produce all of
his responsive documents. With the approval of the Court, Chevron served a subpoena on
Donziger on August 9,2010, seeking documents and testimony regarding many of the matters
described in this Amended Complaint. Donziger moved to quash the subpoena, and this Court
denied that motion on October 20, 2010 and ordered Donziger to comply with the subpoena
"forthwith." Further, because Donziger had failed to produce a privilege log, the Court held
that any privilege claims over Donziger's documents were waived. Nonetheless, the Court
noted that it would "relieve [Donziger] of the waiver," ifhe "fiIe[d] a complete privilege log on
or before October 29, 2010."
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