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5 Chevron Matter
6 Transcription from Video file
7 CRS-196-00-CLIP-01
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10 TRANSCRIBED FROM VIDEO FILE
11 CRS-196-00-CLIP-01
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17 REPORTED BY: DONNA HINTZE
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 15 of 31
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1 [START CRS-196-00-CLIP-01]
2 MS. ANNE MAEST: Thinking that that
3 means it's a recent release, but not in
4 groundwater, that's not true in groundwater.
5 So I think--
6 MR. STEVEN DONZIGER: [interposing] I
7 think--
8 MS. MAEST: --we don’t do it anywhere
9 else.
10 MR. DONZIGER: --that, I, I think that-
11 -I think we should test for it.
12 MS. MAEST: Yeah.
13 MR. DICK KAMP: But how do you--
14 MS. MAEST: [interposing] It's, this is
15 also, it's extremely mobile. That's the
16 other reason to test for it.
17 MR. CHARLIE CHAMP: I know we have to
18 be totally transparent with Chevron in
19 showing them what we're doing.
20 MR. DONZIGER: No, no.
21 MR. CHAMP: We don’t test for it.
22 MR. DONZIGER: Well, no, no, no.
23 MS. MAEST: Well that's--
24 MR. DONZIGER: [interposing] Because
25 they will find out everything we do.
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 16 of 31
Page 3
1 MS. MAEST: --the question. Yeah.
2 MR. CHAMP: Okay, what, what I'm--
3 MR. DONZIGER: [interposing] Well not
4 in the moment.
5 MS. MAEST: Not--
6 MR. DONZIGER: [interposing] Not in the
7 moment.
8 MS. MAEST: Yeah, we don’t have to give
9 them our plan.
10 MR. CHAMP: Yeah, okay.
11 MS. MAEST: I don’t think, do we?
12 MR. DONZIGER: Well it's a little
13 unclear.
14 MS. MAEST: No.
15 MR. DONZIGER: Nobody's ever done this
16 before.
17 MS. MAEST: Okay.
18 MR. DONZIGER: This is so crazy.
19 MR. CHAMP: Well see here--
20 MR. DONZIGER: Our goal is that they
21 don’t know shit--
22 MR. CHAMP: [interposing] Yeah.
23 MR. DONZIGER: --and that's why they're
24 so panicked--
25 MR. CHAMP: [interposing] Here's--
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 17 of 31
Page 4
1 MR. DONZIGER: There's no way they can
2 control this, because they didn’t ask for it.
3 MR. KAMP: Well in these big plannings
4 and advise meetings--
5 MR. CHAMP: Here's my point, if we
6 don’t got anything-
7 MR. KAMP: [interposing] Having perito
8 there yesterday in retrospect--
9 MS. MAEST: [interposing] Yeah, maybe.
10 MR. KAMP: That was bizarre.
11 MS. MAEST: I don’t know.
12 MR. KAMP: See that--
13 MS. MAEST: [interposing] I don’t know
14 if that's true or not.
15 MR. KAMP: - - what we're doing.
16 MR. CHAMP: I don’t know.
17 MS. MAEST: I don’t know either.
18 MR. CHAMP: Yeah, this is not mandated
19 by--
20 MR. DONZIGER: [interposing] Don’t talk
21 about it - - .
22 MS. MAEST: Yeah.
23 MR. CHAMP: So…
24 MS. MAEST: All right, then--
25 MR. DONZIGER: And that is off the
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 18 of 31
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1 record.
2 CAMERAMAN: Okay.
3 MR. DONZIGER: You're with me?
4 CAMERAMAN: Understood. Yeah.
5 MR. DONZIGER: Okay.
6 MS. MAEST: Okay. All right--
7 MR. DONZIGER: I've got total control
8 over the film in case--
9 MS. MAEST: --one, two--oh that's good.
10 MR. DONZIGER: --you're wondering.
11 MR. KAMP: Okay.
12 MR. DONZIGER: I'm just joking, I
13 really don’t.
14 MR. CHAMP: Oh.
15 MS. MAEST: One--
16 [Laughter]
17 MS. MAEST: --two, three, four. All
18 right, so we have--
19 MR. CHAMP: - - .
20 MS. MAEST: --four analites [phonetic]
21 that are not
22 MR. DONZIGER: That's the way it works
23 MR. CHAMP: [interposing] Go, go, go
24 ahead.
25 MS. MAEST: --that are not going to be
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 19 of 31
Page 6
1 analyzed in all types of samples.
2 MR. DONZIGER: --Believe me, I would
3 much rather have it work the normal way.
4 MS. MAEST: --And then I want to look
5 in our review of existing data to see if
6 there are any other metals that would be--
7 MR. DONZIGER: --I would rather have it
8 work the normal way, then I wouldn’t have to
9 worry about stuff like that.
10 MS. MAEST: --useful. I mean, unless
11 you can think of any other organics that
12 would be--
13 MR. KAMP: [interposing] I just was
14 surprised not that there was advanced
15 meeting
16 MS. MAEST: --but I want it to be
17 toxic-
18 MR. DONZIGER: - - .
19 MR. KAMP: --But there was a meeting in
20 which everything is being laid out--
21 MS. MAEST: --carcinogen if possible.
22 MR. CHAMP: [interposing] Now I'm going
23 to throw one that going to sound awful--
24 MR. KAMP: I would--
25 MS. MAEST: [interposing] Okay. No,
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 20 of 31
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1 let's hear it.
2 MR. CHAMP: Silicon.
3 MS. MAEST: Who?
4 MR. CHAMP: Silicon.
5 MS. MAEST: Silicon.
6 MR. CHAMP: Silicon--silicon dioxide.
7 MS. MAEST: SIO2?
8 MR. CHAMP: Yeah.
9 [END CRS-196-00-CLIP-01]
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 21 of 31
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1 C E R T I F I C A T E
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3 I, Donna Hintze, certify that the
4 foregoing transcript is a true record of
5 said proceedings, that I am not connected by
6 blood or marriage with any of the parties
7 herein nor interested directly or indirectly
8 in the matter in controversy, nor am I in
9 the employ of the counsel.
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11 Signature____________________________
12 Date _August 2, 2010_________________
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 22 of 31
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1 CRS-198.TXT
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3 ANNE MAEST: All right. So this last thing is,
4 and I don't know if this is part of the, you know, the
5 summary report or what, but it would help to know what
6 the opinions are in the case just like, you know, what --
7 there must be, you know, ten or so really key opinions
8 and then --
9 STEVE DONZIGER: What do you mean opinions?
10 What do we mean?
11 MAEST: Like what are the --
12 DONZIGER: The court opinions?
13 MAEST: Yeah, for the court.
14 DONZIGER: We don't have any court opinions.
15 MAEST: No, no.
16 CHAMP: Similar cases.
17 MAEST: All right. You have a different
18 meaning of the word opinion. Like what are the, you
19 know, things that you --
20 DICK KAMP: Is that what you're talking about?
21 MAEST: No. You know, I mean read the list.
22 You know, this is what happened, and this -- not you
23 but --
24 KAMP: I want to --
25 MAEST: You know, that Texaco dumped contaminants
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 23 of 31
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1 in the environment.
2 DONZIGER: In other words, you need a summary
3 of the facts --
4 MAEST: Of the facts.
5 DONZIGER: Okay.
6 MAEST: Yeah.
7 DONZIGER: -- based on what we've found thus
8 far.
9 MAEST: Right.
10 DONZIGER: Okay.
11 MAEST: Right, right, okay. And then I
12 think --
13 CHARLIE CHAMP: She's the scientist. She can
14 call it an opinion. You're calling it a fact.
15 MAEST: Right, yeah. And then I think --
16 CHAMP: I'm interpreting here.
17 MAEST: -- we need to then line up the data and
18 the information and make sure that we have everything for
19 all your facts of the case, you know.
20 DONZIGER: Yeah, fuck. See, when I worked in a
21 big firm, we would have been doing that all along. It's
22 a huge job, but maybe we can do the basic facts.
23 MAEST: No, I think you have them. You
24 probably have them.
25 KAMP: You do have them.
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 24 of 31
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1 MAEST: And then I think we just want to -- we
2 need to have -- remembering that we're in Ecuador --
3 DONZIGER: Are you asking us to do some legal
4 work?
5 KAMP: She's asking what you know about peri --
6 MAEST: No, this is -- I mean I have no idea,
7 Steven, but I would imagine that this is what might go in
8 the periterhigular (phonetic) model, okay?
9 CHAMP: I know what you mean.
10 MAEST: All right.
11 CHAMP: I'm sorry.
12 KAMP: We're doing appendices for you.
13 MAEST: Okay. Let me just finish this off, and
14 then I think we're done here.
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 25 of 31
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1 STATE OF CALIFORNIA )
) ss:
2 COUNTY OF LOS ANGELES )
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4 I, SHERYL HILTON MEYER, do hereby certify:
5
6 That I am a duly qualified Certified Shorthand
7 Reporter, in and for the State of California, holder of
8 certificate number 2852, which is in full force and
9 effect and that I am authorized to administer oaths and
10 affirmations;
11
12 That the foregoing recorded meeting was
13 transcribed by me from a video file entited CRS-198-00
14 provided by Gibson Dunn & Crutcher, LLP.
15
16 That the recording of the above-referenced
17 video file was viewed from the Internet based
18 VideoSense site.
19
20 That the foregoing pages contain a full, true
21 and accurate record of the recorded meeting as
22 referenced above to the best of my skill and ability,
23 based upon the quality of the above-referenced video
24 file and the conditions under which the
25 above-referenced video was recorded.
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6 TITLE OF EVENT: CHEVRON MATTER
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10 TRANSCRIPTION FROM VIDEO FILE
11 HIGHLY CONFIDENTIAL
12 CRS-269-00-CLIP-01
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 28 of 31
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1 [START CRS-269-00-CLIP-01]
2 STEVEN DONZIGER: Well, we're here in
3 Boulder, Colorado to do some, some basic
4 legal work, which is to meet with experts
5 who are going to help us come up with a
6 damages claim in the case. We have a very
7 tight timeframe, and we don't have the
8 capacity in our team to do it ourselves. So
9 the idea here is to talk about how we can
10 hire an outside consulting firm to help,
11 come down, organize it, and give this sort
12 of prima tour [phonetic] of U.S.-based
13 credibility, um, from people who do this a
14 lot in the United States. It's a very, very
15 important meeting. Um, I'm worried they're
16 going to ask for too much money, but we'll
17 see. Um, we'll see.
18 But, you know, one change is in the
19 beginning we always felt like the case was
20 only for, to get money to do a proper
21 cleanup. But we, we've broadened that out
22 to really come to the conclusion after a lot
23 of analysis that we should put in every
24 category of damages we possibly can other
25 than direct compensation to individuals.
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 29 of 31
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1 You know, meaning there's a category of
2 damages that's common in U.S. environmental
3 law called Degraded Habitat, which means,
4 you know, the period of time people had to
5 suffer through a degraded environment until
6 the cleanup can occur. That should be
7 compensated for at some level. Indigenous
8 Culture laws that has--we have to figure out
9 things that compensate for that, even though
10 it'll never be restored like it was. Um,
11 healthcare treatment plans, for people who
12 have cancer and are clearly going to get
13 cancer in the coming years because of all
14 the exposures to the toxins. You know,
15 designing that.
16 So the meeting today is sort of to talk
17 about these categories and damages, and how
18 to get them done in a way that's
19 academically and legally defensible so we
20 can justify a damages claim that we think
21 will be the largest ever against the oil
22 industry. Um, that's why we're in Colorado.
23 It sure is pretty here.
24 MALE VOICE 1: Tell me... [abrupt
25 ending]
Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 30 of 31
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Case 1:10-mc-00001-LAK Document 4-4 Filed 08/03/10 Page 31 of 31
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1 C E R T I F I C A T E
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3 I, Melissa Strickland, certify that the
4 foregoing transcript is a true record of
5 said proceedings, that I am not connected by
6 blood or marriage with any of the parties
7 herein nor interested directly or indirectly
8 in the matter in controversy, nor am I in
9 the employ of the counsel.
10
11 Signature____________________________
12 Date August 2, 2010
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