Ultimately I suspect Judge Kaplan will allow Donziger to take some discovery before responding the motion, if only to avoid creating appellate issues. But Donziger will at least have to submit some affidavits explaining what discovery he needs to take and otherwise justifying his request for more time.
Just to keep you in the loop, there are a few more Lago Agrio issues I plan to cover. There is a motion for judgment on the pleadings by the Ecuadoran defendants. There is the issue of the subpoenas to Google and other ISPs. And there are the new recognition and enforcement actions in Argentina and, soon, Colombia.
- I haven’t checked whether there is a scheduling order in the Donziger case, but I assume the motion was timely under the applicable schedule. ↩