In re Enron Corp. Securities Derivative "ERISA" Litig

Full title: IN RE ENRON CORP. SECURITIES DERIVATIVE "ERISA" LITIGATION. This Document…

Court: United States District Court, S.D. Texas

Date published: Apr 7, 2005

Civil Action No. H-01-3624 and Consolidated Cases (S.D. Tex. Apr. 7, 2005)

Opinion

MDL-1446, Civil Action No. H-01-3624 AND CONSOLIDATED CASES.

April 7, 2005

Stephen J. Crimmins, PEPPER HAMILTON, LLP, Washington, D.C. Attorney for Kevin P. Hannon.

ORDER GRANTING MOTION TO WITHDRAW AND SUBSTITUTE

MELINDA HARMON, District Judge

On December 6, 2004, Nickens Keeton Lawless Farrell Flack, LLP, filed an Opposition to Preliminary Injunction, Motion to Dismiss or Stay Interpleader and Motion to Compel Arbitration on behalf of Kevin Hannon. However, Nickens Keeton Lawless Farrell Flack, LLP does not represent Mr. Hannon for the purpose of opposing the preliminary injunction, or for the purpose of seeking to dismiss or stay the interpleader. Instead, Mr. Hannon will be represented by:

Stephen J. Crimmins PEPPER HAMILTON, LLP 600 14th Street, N.W. Washington, D.C. 20005 (202) 220-1200 (202) 220-1665 (Fax)

Accordingly, to prevent prejudice of Mr. Hannon's opposition to the interpleader, Mr. Hannon requests that the opposition filed by Nickens Keeton Lawless Farrell Flack, LLP be withdrawn and that the attached Opposition to Preliminary Injunction, Motion to Dismiss or Stay Interpleader and Motion to Compel Arbitration be substituted in its place.

KEVIN P. HANNON'S OPPOSITION TO PRELIMINARY INJUNCTION, MOTION TO DISMISS OR STAY INTERPLEADER AND MOTION TO COMPEL ARBITRATION

Kevin P. Hannon opposes the preliminary injunction requested by the outside directors in their First Amended Complaint for Contract Enforcement and Injunctive Relief Regarding DO Policy Proceeds. In support of this position, Mr. Hannon adopts and incorporates the arguments and authorities set forth in 1) Defendant Jeffrey K. Skilling's Brief in Opposition to Preliminary Injunction and 2) Third-Party Counterclaim Defendant Ken L. Harrison's Opposition to Application for Preliminary Injunction. In further support of his opposition to preliminary injunction and in support of his Motion to Dismiss or Stay Interpleader and Motion to Compel, Mr. Hannon adopts and incorporates the facts, arguments and authorities set forth in Third-Party Counterclaim Defendants Shelby, Yeager, Howard and Krautz's Opposition to Motion for Preliminary Injunction, Motion to Dismiss or Stay Interpleader, and Motion to Compel Arbitration, and Memorandum in Support. Mr. Hannon also adopts and incorporates the arguments and authorities set forth in Kenneth L. Lay's Motion to Dismiss Third-Party Interpleader Counterclaim and Former Outside Directors' "Counterclaim," for Lack of Jurisdiction.

Wherefore, for the reasons stated and incorporated herein, Kevin P. Hannon respectfully requests that the Court 1) deny the requested preliminary injunction, 2) dismiss or stay the interpleader action and 3) compel arbitration of the disputes regarding the Enron Corporation Directors and Officers insurance policies.