2claimed that all documents related to Respondent’s 2007 declaration, submitted on behalf of theRepublic of Ecuador in
Repub. of Ecuador v. ChevronTexaco Corp.
, No. 04 Civ. 8378(S.D.N.Y.), are subject to work product and/or attorney-client privilege protection. Second,Chevron also believes Respondent and his attorneys have improperly claimed that documentsrelated to Respondent’s 2008 work for the Ecuadorian Plaintiffs are subject to work productand/or attorney-client privilege protection. Third, Chevron asserts Respondent declined totestify about matters Respondent’s attorneys improperly characterized as privileged, subject towork-product protection, or outside the scope of the subpoena in his deposition testimony.Finally, Chevron alleges Respondent has not thoroughly examined the materials in his custody or control in responding to the subpoena.The Magistrate Judge believes it is important to note at the outset that this proceeding,initiated pursuant to 28 U.S.C. § 1782, is not an opportunity to put on a full trial. Chevron hasraised accusations that would indeed be subject to intense scrutiny had they occurred in thisCourt or in any court of the United States. The simple fact remains, however, that this proceeding is limited to the statutory relief provided in § 1782--namely, discovery for use in aforeign proceeding. Chevron had an opportunity to litigate this matter in the United States andstrongly opposed jurisdiction in favor of litigating in the Ecuadorian courts. While fraud on anycourt is a serious accusation that must be investigated, it is not within the power of this court todo so, any more than a court in Ecuador should be used to investigate fraud on
court. TheMagistrate Judge has found that § 1782 relief is appropriate in this matter, and Chevron isentitled to discovery from Respondent. Neither party is entitled, however, to use this court to trya dispute that is already pending in a foreign jurisdiction. This limited proceeding is quickly
Case 3:10-cv-00686 Document 108 Filed 09/21/10 Page 2 of 8 PageID #: 3727