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KEN SARO-WIWA TRIAL AGAINST SHELL: SELECTION OF COURT DOCUMENTS INCLUDING ORDER ON 23 APRIL 2009

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Ken Wiwa against Royal Dutch Petroleum Co (Shell) and Brian Anderson

Case 1:96-cv-08386-KMW-HBP Wiwa, et al v. Royal Dutch, et al

KEN SARO-WIWA TRIAL AGAINST SHELL

In this action, the defendants are (1) the Royal Dutch Petroleum Company, a Dutch corporation; (2) The “Shell” Transport and Trading Company, p.l.c., an English corporation; and (3) Brian Anderson, formerly the managing director of a separate corporation called the Shell Petroleum Development Company of Nigeria, otherwise known as SPDC, which is not a party to this lawsuit.

COURT DOCUMENTS RELATING TO ACTION AGAINST BRIAN ANDERSON

1:01-cv-01909-KMW-HBP Wiwa, et al v. Anderson, et al
Kimba M. Wood, presiding
Henry B. Pitman, referral
Date filed: 03/07/2001
Date of last filing: 04/07/2009

12 September 2003: SECOND AMENDED COMPLAINT; CRIMES AGAINST HUMANITY; TORTURE; (Doc 99 27 Pages) SECOND AMENDED COMPLAINT amending 6 Complaint against Brian Anderson.Document filed by Ken Saro-Wiwa, Michael Tema Vizor, Lucky Doobee, Saturday Doobee, Monday Gbokoo, David Kiobel, Leesi Kiobel, Stella Kiobel, Baridi Kiobel, Angela Kiobel, Godwill Kiobel, Ken Wiwa, Owens Wiwa, Blessing Kpuinen. Related document: 6 Complaint.(ae) (Entered: 03/10/2009)

18 March 2009: OPINION & ORDER (Doc 112 25 Pages) OPINION AND ORDER For the reasons set forth in this order, Defendants’ Rule 12 (b)(1) motion to dismiss, 96-D.E. 308, Plaintiffs extraterritorial RICO claims as outside the Courts subject matter jurisdiction is Granted. (Signed by Judge Kimba M. Wood on 3/18/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(mme) (Entered: 04/02/2009)

COURT DOCUMENTS RELATING TO ACTION AGAINST SHELL

1:96-cv-08386-KMW-HBP Wiwa, et al v. Royal Dutch, et al 
Kimba M. Wood, presiding
Henry B. Pitman, referral
Date filed: 11/08/1996
Date of last filing: 04/07/2009

31 March 2006: MEMORANDUM OPINION AND ORDER (Doc 182 6 Pages) MEMORANDUM OPINION AND ORDER re: 175 MOTION to appoint a Special Master to investigate the subornation of perjury by the Benin Witnesses filed by Royal Dutch Petroleum Company, Shell Transport and Trading Company, p.l.c., Brian Anderson. For the reasons set forth in this Order the motion is denied in all respects. So Ordered. (Signed by Judge Henry B. Pitman on 3/31/06) (jco, ) (Entered: 03/31/2006)

31 March 2006: (Doc 183) REPORT AND RECOMMENDATION re: 87 MOTION to Dismiss. MOTION to Strike filed by Royal Dutch Petroleum Company, Shell Transport and Trading Company, p.l.c., Brian Anderson. In Docket Number 96cv8386, a. defendants’ Rule 12(b)(6) motion to dismiss pursuant to the act of state doctrine should be denied; defendants’ Rule 12(b)(6) motion to dismiss plaintiffs’ assault and battery, intentional infliction of emotional distress, negligence and negligent infliction of emotional distress claims and the newly added plaintiffs’ wrongful death claims should be granted, and c. defendants’ Rule 12(b)(6) motion to dismiss the allegations in paragraph 45 should be denied. In Docket Number 01cv1909. a. defendants’ Rule 12(b)(6) motion to dismiss pursuant to the act of state doctrine should be denied; b. defendants’ Rule 12(b)(6) motion to dismiss plaintiff Vizor’s RICO claim should be granted; c. defendants’ Rule 12(b)(6) motion to dismiss plaintiffs’ assault and battery and intentional infliction of emotional distress claims and the newly added plaintiffs’ wrongful death claims should be granted, and d. defendants’ Rule 12(b)(6) motion to dismiss plaintiffs’ negligence and negligent infliction of emotional distress claims should be denied. I further recommend that for each claim upon which defendants’ motion to dismiss was granted, that plaintiffs be granted leave to amend the complaints to re-plead these claims. So Ordered. Objections to R&R due by 4/14/2006 (Signed by Judge Henry B. Pitman on 3/31/06) (jco, )(jco, ) (Entered: 03/31/2006)

31 March 2006: (Doc 184) MEMORANDUM AND OPINION re: 95 MOTION for Leave to File a sur-reply brief to defendants motion to dismiss. MOTION to Strike 90 Reply Memorandum of Law in Support of Motion filed by Ken Wiwa, Owens Wiwa. Plaintiffs’ motion is denied in all respects. So Ordered. (Signed by Judge Henry B. Pitman on 3/31/06) “Copies Mailed by Chambers”(jco, ) (Entered: 03/31/2006)

12 September 2006: MEMORANDUM OPINION AND ORDER (Doc 199) MEMORANDUM OPINION AND ORDER #93673; that defts motion (document #131) is denied in all respects and plaintiffs’ application for attorney’s fees is granted to the extent that plaintiffs are awarded the reasonable attorney’s they incurred in opposing defts’ motion. Plaintiffs are directed to submit affidavits or affirmations purs to 28 USC 1746 establishing their attorney’s fees within 10 business days of the date of this order; defts shall have 10 business days to respond. (Signed by Judge Henry B. Pitman on 9/12/06) copies sent by chambers.(cd, ) Modified on 9/14/2006 (lma, ). (Entered: 09/13/2006)

22 September 2006: (Doc 200 6 Pages) MEMORANDUM OPINION AND ORDER # Because the protective order sought would provide no protection or limits beyond those inherent in the Federal Rules of Civil Procedure, defednants’ cross motion for a protective order re: 145 MOTION for Protective Order is denied in all respects. So Ordered. filed by Royal Dutch Petroleum Company,, Shell Transport and Trading Company, p.l.c.,. (Signed by Judge Henry B. Pitman on 9/22/2006) (jmi, ) (Entered: 09/25/2006)

29 September 2006: (Doc 202 10 Pages) ORDER Accordingly, for these reasons as well as those elaborated in Magistrate Judge Pitman?s Report, see Report at 17-30, the Court adopts Magistrate Judge Pitman’s recommendation that Defendants’ motion to dismiss be granted with respect to: (1) plaintiff Michael Tema Vizor’s civil RICO claim; (2) newly added claims for wrongful death brought on behalf of plaintiffs otherthan David Kiobel; (3) the new plaintiffs’ claims for assault and battery and intentional infliction of emotional distress; and (4) the new plaintiffs’ negligence and negligent infliction of emotional distress claims against all defendants other than Brian Anderson. Although Magistrate Judge Pitman did not reach this issue in the Report, see Report at 17 n.7, the Court concludesthat David Kiobel,s wrongful death claim should be dismissed for the same reasons. Granting Plaintiffs Leave to Re-Plead Their Dismissed ClaimsAs discussed above, the Federal Rules of Civil Procedure provide that leave to amend shall be “freely given.” Fed. R. Civ. P. 15(a). However, a court need not grant leave to amend where a plaintiff’s claims are barred by the statute of limitations, because amendment in such instances would be futile. The Court agrees with Magistrate Judge Pitman’s recommendation that the following claims be dismissed:claims seven through nine of the Second Amended Complaint as brought by the new plaintiffs; claims seven through eleven of the Third Amended Complaint as brought by the new plaintiffs; and claim twelve of the Third Amended Complaint as brought by Michael Tema Vizor. However, the Court denies Plaintiffs leave to re-plead their claims becasue amendment would be futile. So ordered. (Signed by Judge Kimba M. Wood on 9/29/2006) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP,1:01-cv-01909-KMW-HBP(jmi, ) (Entered: 10/02/2006)

28 September 2007: (Doc 219 Pages 7) OPINION AND ORDER # 95264 re: 211 MOTION to Amend filed by Ken Wiwa, Owens Wiwa. The Courts grants plaintiffs leave to file a Fourth Amended Complaint, which may include plaintiff’s proposed amendments to paragraphs 3, 7, 9, 12,13,14,16, 49, 69 and 95 of the Third Amended Complaint. Plaintiffs are reminded that a Fourth Amended Complaint must also comply with the Court’s 9/29/2006 order. Plaintiffs may file a Fourth Amended Complaint on or before 10/2/2007. Defendants shall move against or answer the Fourth Amended Complaint on or before 10/16/2007. No later than 10/8/2007, the parties shall submit a joint status report to the Court describing the status of this case and its related cases, docketed as case numbers 01cv1909, 02cv7618 and 04cv2665, respectively. (Signed by Judge Kimba M. Wood on 9/27/07) (kco) Modified on 10/3/2007 (Miles, Janeen). (Entered: 09/28/2007)

7 October 2008: (Doc 242 9 Pages) ORDER: The Court is holding a hearing in the three above-captioned cases on 10/7/08. In preparation for the hearing, parties shall review the enclosed Chart of Outstanding Discovery Issues in 96. Civ. 8386, 01 Civ. 1909, and 02 Civ. 7618. By 10/6/08 at 5:00 PM, all parties shall notify the Court and other parties by fax of any changes or additions that they believe should be made to the Outstanding Issues Chart to make it and accurate account of the pending discovery issues in the above-captioned actions. Some documents described int he Outstanding Issues Chart have questions from the Court, which are bracketed and in bold font for easy identification. The party or parties with answers to those questions via fax by 10/6/08 at 5:00 PM. Any document(s) that support(s) a party’s proposed change or addition to the Outstanding Issues Chart or responds to a question posed by the Court therein shall also be faxed to the Court and other parties by 10/6/08 at 5:00 PM. (Signed by Judge Kimba M. Wood on 10/3/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(tro) (kkc). (Entered: 10/07/2008)

7 October 2008: (Doc 242 2 Pages) ORDER: The Court is holding a hearing in the three above-captioned cases on 10/7/08. In preparation for the hearing, parties shall review the enclosed Chart of Outstanding Discovery Issues in 96. Civ. 8386, 01 Civ. 1909, and 02 Civ. 7618. By 10/6/08 at 5:00 PM, all parties shall notify the Court and other parties by fax of any changes or additions that they believe should be made to the Outstanding Issues Chart to make it and accurate account of the pending discovery issues in the above-captioned actions. Some documents described int he Outstanding Issues Chart have questions from the Court, which are bracketed and in bold font for easy identification. The party or parties with answers to those questions via fax by 10/6/08 at 5:00 PM. Any document(s) that support(s) a party’s proposed change or addition to the Outstanding Issues Chart or responds to a question posed by the Court therein shall also be faxed to the Court and other parties by 10/6/08 at 5:00 PM. (Signed by Judge Kimba M. Wood on 10/3/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(tro) (kkc). (Entered: 10/07/2008)

7October 2008: Doc 246 2 Pages ENDORSED LETTER addressed to Judge Kimba M. Wood from Judith Brown Chomsky dated 10/6/08 re: Counsel requests that the court require that defendants make a showing that they have a substantial need for the information to be solicited and further, that the court should issue an order precluding defendants from seeking disclosure of counsels mental impressions, conclusions, opinions, or legal theories. ENDORSEMENT: It is not the courts intention to allow any invasion of attorney-client privilege or work product privilege. (Signed by Judge Kimba M. Wood on 10/3/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(mme) (Entered: 10/15/2008)

15 October 2008: Doc 245 31 Pages ORDER The court is holding a hearing in the three above captioned cases on October 7, 2008. At that hearing parties shall provide the court with further information regarding procedures to be followed that shall govern the handling of this order. In preparation for the hearing, parties shall review the documents further set forth in this order. (Signed by Judge Kimba M. Wood on 10/2/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP Copies Mailed By Chambers.(mme) (Entered: 10/15/2008)

17 October 2008 Doc 250 ORDER: the Court held a hearing in the three above-captioned actions (02cv7618(KMW), 96cv8386(KMW) and 01cv1909(KMW)) on October 7, 2008. At the time of the hearing, the Defendants had not submitted the following documents: (1) Defendants’ Document and Deposition Subpoena Regarding MPTC Security, (2) Defendants’ Notice of Document Subpoena to National Union of Ogoni Students, and (3) Defendants’ Motion for Limited Extension of the Discovery Cutoff and to Compel Production of NUOS Documents and Unredacted Documents on Payments to Witnesses. Defendants shall submit courtesy copies of the foregoing to the Court via fax by 4:00 PM on October 17, 2008. Petition (Signed by Judge Kimba M. Wood on 10/17/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP Copies Faxed by Chambers.(pl) (pl). (Entered: 10/20/2008)

20 October 2009: Doc 251 2 Pages ORDER: This Order addresses Defendants’ Fourth Request for Admission (“RFA”) to All Plaintiffs, Third and Fifth RFAs to Plaintiffs in Wiwa v. Royal Dutch Shell Petroleum 1 Co., 96 Civ. 8386, and Wiwa v. Anderson, 01 Civ. 1909 (collectively, “Wiwa”), and Fifth and Sixth RFAs to Plaintiffs in Kiobel v. Royal Dutch Shell Petroleum Co., 02 Civ. 7618. Defendants shall revise any RFAs they wish the Wiwa Plaintiffs to respond to so that the RFAs cite to the Wiwa Plaintiffs’ Fourth, rather than Third, Amended Complaint. Defendants shall do so by 5:00 PM on October 24, 2008. Plaintiffs shall respond to these RFAs by 5:00 PM on December 5, 2008. (Signed by Judge Kimba M. Wood on 10/17/2008) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(jpo) (Entered: 10/20/2008)

24 October 2009: Doc 253 19 Pages ORDER For the reasons set forth in this order, the court hereby (1) designates the above-captioned cases for ECF; (2) grants in part Kiobel Plaintiffs’ motion for a stay; (3) lifts the stays on discovery; (4) grants Defendants’ request to file motions to strike and for discovery sanctions; (5) denies Defendants’ request for a limited extension of the discovery cutoff (6) strikes or quashes Defendants’ untimely discovery requests; (7) denies without prejudice to renew Defendant Shell Trading and Transport Co., p.l.c.’s and all Defendants’ requests to file motions to compel Kiobel Plaintiffs’ production of documents and responses to interrogatories; (8) denies as moot Defendants’ motion to compel Kiobel Plaintiffs’ production of unredacted documents and orders Kiobel Plaintiffs’ to produce these documents for in camera review; (9) orders Wiwa Plaintiffs to respond to a sampling of Defendants’ RICO interrogatories; (10) grants with conditions Plaintiffs’ request to redepose four of Defendants’ witnesses; and (11) denies Kiobel Plaintiffs’ motion to compel Defendants’ payment of deposition expenses as untimely. (Signed by Judge Kimba M. Wood on 10/24/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(mme) (Entered: 10/24/2008)

24 October 2008: Doc 254 2 Pages ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Kimba M. Wood on 10/24/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(mme) (Entered: 10/24/2008)

24 October 2008: Doc 255 ORDER: Wiwa Plaintiffs shall inform Defendants of the select “few people” for whom Defendants must provide responsive documents. They shall do so by 5:00 p.m. on October 28, 2008. Defendants shall provide those documents to the Court for In camera review. They shall do so by 5:00 p.m. on November 7, 2008.After in camera review of the documents, the Court will determine whether it is appropriate to order Defendants to respond more fully to these requests. (Signed by Judge Kimba M. Wood on 10/24/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP.(db) (Entered: 10/24/2008)

28 October 2008: Doc 263 28 Pages MEMORANDUM OF LAW in Support re: (50 in 1:01-cv-01909-KMW-HBP, 262 in 1:96-cv-08386-KMW-HBP) MOTION for Extension of Time to Complete Discovery. (“Memorandum Of Law In Support Of Defendants’ Motion On The Perjurious Benin Testimony (To Obtain Limited Extension Of The Discovery Cutoff And To Compel Production Of NUOS Documents And Unredacted Documents On Payments To Witnesses”)). Document filed by Royal Dutch Petroleum Company, Shell Transport and Trading Company, p.l.c., Brian Anderson. Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(Millson, Rory) (Entered: 10/28/2008)

28 October 2009: Doc 264 (8 Pages) (278 Pages in total) DECLARATION of Michael T. Reynolds in Support re: (50 in 1:01-cv-01909-KMW-HBP, 262 in 1:96-cv-08386-KMW-HBP) MOTION for Extension of Time to Complete Discovery.. Document filed by Royal Dutch Petroleum Company, Shell Transport and Trading Company, p.l.c., Brian Anderson. (Attachments: # 1 Exhibit A (Doc 264-2 6 Pages) to Reynolds Declaration, # 2 Exhibit B (Doc 264-3 54 Pages) to Reynolds Declaration, # 3 Exhibit C (Doc 264-4 19 Pages) to Reynolds Declaration, # 4 Exhibit D (Doc 264-5 13 Pages) to Reynolds Declaration, # 5 Exhibit E (Doc 264-6 26 Pages) to Reynolds Declaration, # 6 Exhibit F (Doc 264-7 46 Pages) to Reynolds Declaration, # 7 Exhibit G (Doc 264-8 47 Pages) to Reynolds Declaration, # 8 Exhibit H (Part One) (Doc 264-9 28 Pages) to Reynolds Declaration, # 9 Exhibit H (Part Two) (Doc 264-10 31 Pages) to Reynolds Declaration)Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(Millson, Rory) (Entered: 10/28/2008)

24 November 2008: EXPERT DECLARATION OF PROFESSOR PHILIP ALSTON, UNITED NATIONS SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS (Doc 297 140 pages) DECLARATION of Philip Alston in Support re: 296 Brief,. Document filed by Ken Wiwa, Owens Wiwa, Blessing Kpuinen, Karalolo Kogbara, Michael Tema Vizor, Lucky Doobee, Saturday Doobee, Friday Nuate, Felix Nuate, Monday Gbokoo, Daniel Gbokoo, David Kiobel, Stella Kiobel, Leesi Kiobel, Baridi Kiobel, Angela Kiobel, Godwill Kiobel, Barinem Kiobel, James B. N-Nah, Uebari N-Nah, Jane Doe. (Green, Jennifer) (Entered: 11/24/2008)

17 December 2008: COURT ORDER ( Doc 306 1 Page) ORDER that the Court is taking Plaintiffs’ complaints under consideration. Plaintiffs’ obligation to reply to Defendants’ Memorandum of Law on Issues of International Law is hereby stayed until further notice from the Court. (Signed by Judge Kimba M. Wood on 12/16/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(cd) (Entered: 12/17/2008)

19 January 2009: COURT ORDER (Doc 311 Pages 7) As further explained in this order, the Court (1) orders the Parties to brief the Courts subject matter jurisdiction over Wiwa Plaintiffs ATS claims, (2) grants Wiwa Plaintiffs request for continuance, (3) orders the Parties to file further submissions regarding the redeposiiton documents, and (4) lifts its stay on the Parties international law submissions and resets the date for Wiwa Plaintiffs Reply. For the reasons set forth in this order, the Court hereby lifts its stay on further international law submissions. If Wiwa Plaintiffs wish to reply to Defendants Response, they shall confine their Reply to arguments about the substance of international law, not its application to the facts in this case. They shall submit any such reply by January 9, 2009. (Signed by Judge Kimba M. Wood on 12/23/08) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(mme) Modified on 1/21/2009 (mme). (Entered: 01/09/2009)

17 February 2009: OPINION & ORDER (Doc 348 11 Pages) For the above reasons, Defendants’ motion to compel, 02-D.E. 211, is Granted. So Ordered (Signed by Judge Kimba M. Wood on 2/15/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(js) (Entered: 02/18/2009)

17 February 2009: OPINION & ORDER (Doc 349 4 Pages) Accordingly, Defendants shall produce the Niger DeltaReport, and any responsive documents related to its preparation, to Plaintiffs. They shall do so by February 24, 2009. So Ordered (Signed by Judge Kimba M. Wood on 2/15/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(js) Modified on 2/25/2009 (js). (Entered: 02/18/2009)

25 February 2009: OPINION & ORDER (Doc 353 40 pages) OPINION AND ORDER #97164, the Court GRANTS Defendants leave, under Rule 15(a), to amend their answers in Wiwa I and Wiwa II to raise the defense of lack of capacity. The Court also GRANTS Third-Party Plaintiffs’ leave to join the real parties In interest under Rule 17 (a) (3). Defendants’ motion for partial summary judgment, 96-D.E. 224, is DENIED without prejudice and with leave to refile if Third-Party Plaintiffs do not join the real parties in interest as follows: (1) Third-Party Wiwa Plaintiffs must join the real parties in interest by March 16, 2009, and (2) when the Court lifts the stay in the Kiobel proceedings, Third-Party Kiobel Plaintiffs must join the real parties in interest within ten business days of the Court’s order lifting the stay. (Signed by Judge Kimba M. Wood on 2/23/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(pl) Modified on 2/25/2009 (pl). Modified on 3/5/2009 (mro). (Entered: 02/25/2009)

25 February 2009: OPINION & ORDER (Doc 354 12 Pages) OPINION & ORDER #97162, Defendants’ motion for a discovery sanction of dismissal, 96D.E. 260, is DENIED, but Defendants are granted the opportunityto redepose certain witnesses on the eve of, or during, trial.. (Signed by Judge Kimba M. Wood on 2/22/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(pl) Modified on 3/5/2009 (mro). (Entered: 02/25/2009)

2 March 2009: COURT ORDER (Doc 355 3 Pages) For the reasons set forth in this order, Plaintiffs shall produce to Defendants and to the Court a new set of redacted documents. This new set of redacted documents shall have the following text unredacted: (1) all the text unredacted in the version of these documents Plaintiffs originally produced to Defendants, and (2) all the text that the Court has enclosed in a red ink box in the altered in camera documents. Plaintiffs shall do so by March 16, 2009. (Signed by Judge Kimba M. Wood on 2/24/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(mme) (Entered: 03/03/2009)

18 March 2009: OPINION & ORDER (Doc 370 25 Pages) For the reasons set forth in this order, Defendants’ Rule 12 (b)(1) motion to dismiss, 96-D.E. 308, Plaintiffs extraterritorial RICO claims as outside the Courts subject matter jurisdiction is Granted. (Signed by Judge Kimba M. Wood on 3/18/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(mme) Modified on 4/3/2009 (rw). (Entered: 04/02/2009)

24 March 2009: Letter Judge Kimba M. Wood from Plaintiff attorneys (Doc 367) ENDORSED LETTER addressed to Judge Kimba M. Wood from Judith Brown Chomsky dated 3/24/09 re: Counsel writes in response to the letter from Rory Millson concerning the Joint Pre-trial Order in this action. Plaintiffs request that the Court direct the parties to meet and confer over each aspect of the joint pre-trial order and produce an amended joint pre-trial order that reflects a completed process. ENDORSEMENT: The parties are directed to meet and confer regarding every aspect of the joint pretrial order, and to produce an amended joint pre-trial order by 5 p.m. April 1, 2009. It will be assumed that all documents produced by defendants are authentic and admissible, unless explain to be otherwise in the Pre-trial Order. If counsel do not comply with this Order, in-house counsel for defendants and one plaintiff shall appear in Courtroom 15-B, April 3 at 10:30 a.m. (Signed by Judge Kimba M. Wood on 3/26/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(tro) (Entered: 03/26/2009)

25 March 2009: REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ LOCAL RULE 6.3 MOTION FOR RECONSIDERATION OF THE COURT’S MARCH 2, 2009 ORDER (Doc 366) in Support re: (260 in 1:02-cv-07618-KMW-HBP) MOTION for Reconsideration re; (355 in 1:96-cv-08386-KMW-HBP, 97 in 1:01-cv-01909-KMW-HBP, 255 in 1:02-cv-07618-KMW-HBP) Order,,. MOTION for Reconsideration re; (355 in 1:96-cv-08386-KMW-HBP, 97 in 1:01-cv-01909-KMW-HBP, 255 in 1:02-cv-07618-KMW-HBP) Order,,.. Document filed by Shell Petroleum, N.V., Shell Transport and Trading Company, LTD, Brian Anderson. Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP, 1:02-cv-07618-KMW-HBP(Millson, Rory) (Entered: 03/25/2009)

1 April 2009: Amended Joint Pretrial Order (Doc 369 page 1 to 46 inc) Document filed by Ken Wiwa, Owens Wiwa, Blessing Kpuinen, Karalolo Kogbara, Michael Tema Vizor, Lucky Doobee, Friday Nuate, Monday Gbokoo, David Kiobel, James B. N-Nah, Shell Petroleum, N.V., Shell Transport and Trading Company, LTD, Brian Anderson, Ken Wiwa, Lucky Doobee, Monday Gbokoo, David Kiobel, Friday Nuate, Blessing Kpuinen. (Attachments: # 1 Exhibit A to Amended JPTO, # 2 Exhibit B to Amended JPTO, # 3 Exhibit C to Amended JPTO, # 4 Exhibit D to Amended JPTO, # 5 Exhibit E to Amended JPTO, # 6 Exhibit F to Amended JPTO, # 7 Exhibit G to Amended JPTO)Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(Millson, Rory) (Entered: 04/01/2009)

1 April 2009: Joint Proposed Jury Instructions (Doc 368 66 pages) PROPOSED JURY INSTRUCTIONS. Document filed by Ken Wiwa, Owens Wiwa, Blessing Kpuinen, Karalolo Kogbara, Michael Tema Vizor, Lucky Doobee, Friday Nuate, Monday Gbokoo, David Kiobel, James B. N-Nah, Shell Petroleum, N.V., Shell Transport and Trading Company, LTD, Brian Anderson, Ken Wiwa, Lucky Doobee, Monday Gbokoo, David Kiobel, Friday Nuate, Blessing Kpuinen. (Attachments: # 1 Exhibit A to Joint Proposed Jury Instructions, # 2 Exhibit B to Joint Proposed Jury Instructions, # 3 Exhibit C to Joint Proposed Jury Instructions, # 4 Exhibit D to Joint Proposed Jury Instructions, # 5 Exhibit E to Joint Proposed Jury Instructions, # 6 Exhibit F to Joint Proposed Jury Instructions, # 7 Exhibit G to Joint Proposed Jury Instructions, # 8 Exhibit H to Joint Proposed Jury Instructions)Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(Millson, Rory) (Entered: 04/01/2009)

1 April 2009: Exhibit A to Joint Proposed Jury Instructions (Doc 368-2 43 Pages)

1 April 2009: Exhibit B to Joint Proposed Jury Instructions (Doc 368-3 119 Pages)

1 April 2009: Exhibit C to Joint Proposed Jury Instructions (Doc 368-4 98 Pages)

1 April 2009: Exhibit D to Joint Proposed Jury Instructions (Doc 368-5 76 Pages)

1 April 2009: Exhibit E to Joint Proposed Jury Instructions (Doc 368-6 16 Pages)

1 April 2009: Exhibit F to Joint Proposed Jury Instructions (Doc 368-7 14 Pages)

1 April 2009: Exhibit G to Joint Proposed Jury Instructions (Doc 368-8 49 Pages)

1 April 2009: Exhibit H to Joint Proposed Jury Instructions (Doc 368-9 6 Pages)

2 April 2009: Court Order (Doc 371) ORDER: This order responds to letters faxed to the Court April 1, 2009 by counsel for Plaintiffs and Defendants in the above captioned actions. As previously ordered, counsel for Plaintiffs and Defendants, as well as in-house counsel for the defendants and one plaintiff, shall appear in Courtroom 15B on April 3, 2009 at 10:30 AM. Counsel for Plaintiffs and Defendants have each alleged that the other has acted, either by omission or commission, in an objectionable manner (the “alleged objectionable conduct”). They have also each alleged that the joint pre-trial order (“JPTO”) that they submitted to the Court April 1, 2009, is deficient in ways that will make trial more difficult (the “alleged JPTO deficiencies”). No later than 9:30 AM on April 3, 2009, counsel for Plaintiffs and Defendants shall each fax to the Court (805-7900) the following information: (1) what they deem to be the five most egregious instances of their opposing counsel’s alleged objectionable conduct; and (2) what they deem to be the five most important alleged JPTO deficiencies. (Signed by Judge Kimba M. Wood on 4/2/2009) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(jfe) (Entered: 04/02/2009)

2 April 2009: Answer to Amended Complaint (Doc 372) ANSWER to Amended Complaint. Document filed by Shell Petroleum, N.V., Shell Transport and Trading Company, LTD. Related document: 364 Amended Complaint,, filed by Karalolo Kogbara, Friday Nuate, Blessing Kpuinen, Lucky Doobee, Ken Wiwa, David Kiobel, Michael Tema Vizor, James B. N-Nah, Monday Gbokoo, Owens Wiwa.(Millson, Rory) (Entered: 04/02/2009)

7 April 2009: Court Order (Doc 373) ORDER: Previously, the Court ordered counsel for Plaintiffs and Defendants, as well as in-house counsel for the defendants and one plaintiff, to appear in Courtroom 15B on April 3, 2009 at 10:30 AM. The Court postponed the conference on April 2, 2009. The Court reschedules the conference for Tuesday May 12, 2009 at 11:00 AM. Plaintiffs and Defendants, as well as in-house counsel for the defendants and one plaintiff, shall appear in Courtroom l5B for the conference. Counsel for Plaintiffs and Defendants have each alleged thatthe other has acted, either by omission or commission, in an objectionable manner (the “alleged objectionable conduct”). They have also each alleged that the joint pre-trial order (“JPTO”) that they submitted to the Court April 1, 2009, is deficient in ways that will make trial more difficult (the “alleged JPTO deficiencies”). No later than 5:00 PM on Friday May 8, 2009, counsel for Plaintiffs and Defendants shall each fax to the Court (805-7900) the information as further set forth in this order. (Signed by Judge Kimba M. Wood on 4/3/09) Filed In Associated Cases: 1:96-cv-08386-KMW-HBP, 1:01-cv-01909-KMW-HBP(tro) (Entered: 04/07/2009)

23 April 2009: Court Order 27 Pages

THIS PAGE WILL BE UPDATED AND REPUBLISHED AS THE TRIAL PROCEEDS

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