hLpb5

318. Donziger did not comply. Instead he produced a fraction of his documents, filed
meritless and conflicting papers with the Court, and then, nearly a month later, submitted a
facially defective "privilege log." On November 29, the Court once again ordered Donziger to
produce his responsive documents, finding that Donziger's conduct "was a deliberate attempt to
structure the response to the subpoenas in a way that would create the maximum possibility for
delay." And Donziger once again failed to comply.
319. At Donziger's deposition, his conduct was so improper that it prompted the
Special Master, appointed by this Court to oversee the deposition, to write to the Court: "From
virtually the first day of his deposition, Mr. Donziger gave many unresponsive, self serving
answers to questions that should have been answered directly, with no embellishment." The
Special Master went on to describe how he had repeatedly cautioned Donziger and his counsel,
but that this "seemed to have little effect."
320. On January 13, 20 II, the Court yet again, in response to a motion to compel
filed by Chevron, ordered Donziger to produce the documents he had been under orders to
produce since October, and held in reserve the possibility of holding Donziger in contempt.
Over the next several days, Donziger, without explanation for his prior failure to do so,
produced over 87,000 documents, four times as many as he had produced before, the vast
majority of which were responsive to Chevron's requests, and included many of the probative
documents that form the basis for this Amended Complaint. Yet, in deposition testimony
immediately following this production, Donziger admitted that he had yet more responsive
documents, such as those in email accounts that the RICO Defendants set up specifically to hide
sensitive communications about, among other topics, their authorship of the Cabrera Report.
321. Accordingly, on January 21, the Court ordered Donziger to turn over the
computer hard drives in his possession, so that Chevron could test the sufficiency of his
production. On these hard drives were thousands more documents that were responsive to
Chevron's requests and highly relevant to Chevron's defense of the Lago Agrio Litigation and
its prosecution of the BIT Arbitration but that Donziger had failed to produce. Many of the
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