This page collects all of the documents relating to my case against the State Department under the Freedom of Information Act. The case, which arises out of my coverage of the Chevron/Ecuador dispute, seeks documents relating to lobbying as to the contents of the State Department’s annual reports on foreign judiciaries, including Ecuador’s. Click here for an archive of posts relating to the case.
Public Records the Government has Produced
Documents relating to the Lago Agrio Case
First Production Set
- Emails concerning Chevron lobbying on the 2009 Ecuador Human Rights Report. These emails show that Chevron’s lobbyist met with the State Department in 2009, and it appears that the State Department discussed internally how to respond to Chevron’s comments about the content of the report. The exact nature of the changes, additions, or deletions Chevron sought—if that is what happened—is unclear from the document.
- Emails concerning Chevron lobbying on the 2009 Ecuador Human Rights Report. This is basically the same as the previous document.
- “Texaco Petroleum, Ecuador and the Lawsuit Against Chevron.” This is a memorandum that Chevron has made publicly available on the web. It is unclear whether Chevron provided a copy to the State Department or whether the State Department obtained it on its own.
- Letter from Senators to the USTR. This is a letter dated June 25, 2009 from Senators Wyden, Durbin, Casey, and Leahy to the U.S. Trade Representative expressing concern about Chevron’s “efforts to petition your office concerning a lawsuit it is facing in the Ecuadorian legal system.” It is unclear how the State Department came to have the letter.
Second Production set
- The Department’s response to Chevron. This is the Department’s response to Chevron’s email.
- The attachment to the Chevron email to the State Department.
Other documents released
- Cable from the US Embassy in Jakarta to the State Department. This cable involves an Indonesian government complaint about the use of the State Department’s 2003 report on Indonesia in a US court proceeding. Indonesia objected to the use of the report to attack the Indonesian courts as corrupt.
- Emails regarding a proposed response to a “third party inquiry regarding a civil litigation matter.” These emails apparently relate to Indonesia. Perhaps they relate to the same issue referenced in item (1), but it’s not clear.
- Emails concerning Indonesian issue. Some more State Department emails concerning an issue in Indonesia. This may relate in some way to Chevron (see the following document).
- Emails concerning Indonesian issue. These emails apparently relate to an issue in Indonesia, but the subject line of one of the emails suggests that Chevron may have been involved in the issue.
- Another Indonesia-related email chain.
- Another Indonesia-related email chain.
Affidavits, Declarations, Etc.
- Declaration outlining the documents the government has withheld, and the redactions it has made.
- Letter describing the second production set.
Pleadings and Other Papers Filed In Court
- COMPLAINT against US Department of State
- ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein.
- Summons Issued as to US Department of State.
- NOTICE of Appearance by Anita Johnson on Behalf of the US Department of State
- SUMMONS Returned Executed as to US Attorney
- ANSWER to  Complaint
- MOTION for Order to Compel the Defendant to Produce a Vaughn Index
- MEMORANDUM in Support re  MOTION for Order Compel the Defendant to Produce a Vaughn Index
- Judge Rya W. Zobel: ENDORSED ORDER entered granting  Motion for Order compelling the defendant to produce a Vaughn Index without opposition, and so ordered.
- NOTICE of Scheduling Conference Scheduling Conference set for 8/20/2013 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.
- JOINT STATEMENT re Scheduling Conference.
- CERTIFICATION Pursuant to Local Rule 16.1.
- Set/Reset Hearings: Scheduling Conference set for 8/20/2013 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (TIME CHANGE ONLY)
- MOTION for Extension of Time to 9/30/2013 to Produce Vaughn Index.
- MOTION for Extension of Time of Scheduling Conference
- Opposition re  MOTION for Extension of Time of Scheduling Conference
- Judge Rya W. Zobel: ELECTRONIC ORDER entered granting  Motion for Extension of Time; granting  Motion for Extension of Time Scheduling Conference Reset for 10/2/2013 03:00 PM in Courtroom 12 before Judge Rya W. Zobel.
- AFFIDAVIT in Support re  MOTION for Extension of Time to 9/30/2013 to Produce Vaughn Index
- Joint MOTION to Continue Scheduling Conference to October 16, 2013
- Judge Rya W. Zobel: ELECTRONIC ORDER entered granting  Motion to Continue Scheduling Conference Reset for 10/15/2013 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.
- MOTION to Stay All Deadlines and the October 15, 2013 Scheduling Conference in Light of Lapse of Appropriations.
- Judge Rya W. Zobel: ELECTRONIC ORDER entered granting  Motion to Stay. Scheduling Conference reset to 11/7/13 at 2:30 p.m.
- Set/Reset Hearings: Scheduling Conference Reset for 11/7/2013 02:30 PM in Courtroom 12 before Judge Rya W. Zobel.
- JOINT STATEMENT re scheduling conference.
- ELECTRONIC Clerk’s Notes for proceedings held before Judge Rya W. Zobel: Scheduling Conference held on 11/7/2013 (Status Report due by 2/28/2014 as to paragraph 3 of the joint statement). (Court Reporter: No Court Reporter Used.)(Attorneys present: Folkman & Johnson).