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                                                                     Page 1

  1

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  3        --------------------------------------x

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  5                       Chevron Matter

  6              Transcription from Video file

  7                    CRS-196-00-CLIP-01

  8

  9        --------------------------------------x

 10        TRANSCRIBED FROM VIDEO FILE

 11              CRS-196-00-CLIP-01

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 17        REPORTED BY:    DONNA HINTZE

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                                                                         Page 2

  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.
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                                                                      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--
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                                                                       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
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                                                                      Page 5

  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,
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                                                                     Page 7

  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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                                                                     Page 8

  1               C E R T I F I C A T E

  2

  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.

 10

 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
                                                                                 1


 1                              CRS-198.TXT

 2

 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
                                                                                 2


 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
                                                                                3


 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
                                                                              4


 1   STATE OF CALIFORNIA      )

                              ) ss:

 2   COUNTY OF LOS ANGELES    )

 3

 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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Case 1:10-mc-00001-LAK Document 4-4   Filed 08/03/10 Page 27 of 31



                                                                     Page 1

  1

  2

  3        --------------------------------------x

  4

  5

  6                TITLE OF EVENT:     CHEVRON MATTER

  7

  8

  9        --------------------------------------x

 10        TRANSCRIPTION FROM VIDEO FILE

 11        HIGHLY CONFIDENTIAL

 12        CRS-269-00-CLIP-01

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                                                                     Page 2

  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.
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                                                                     Page 3

  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]
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                                                                     Page 4

  1        [END CRS-269-00-CLIP-01]

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                                                                     Page 5

  1               C E R T I F I C A T E

  2

  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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