Opinion
MDL 1446, CIVIL ACTION NO. H-01-3624 CONSOLIDATED CASES, CIVIL ACTION NO. H-01-3913 CONSOLIDATED CASES, CIVIL ACTION NOS. G-02-585, G-02-723, H-02-1150, H-02-3786, H-02-3787, H-02-3794, H-02-3939, CASE NO. 01-16034 (AJG), Jointly Administered.
June 16, 2003.
AMENDED ORDER
The Courts Order that representatives of the following parties be referred for mediation to The Honorable William C. Conner, Senior United States District Judge Southern District of New York, United States Courthouse, 300 Quarropas Street, Room 630, White Plains, New York 10601-4150
Debtors' Group
Enron Corp. ("Enron") and its affiliated debtors and debtors in possession (collectively, the "Debtors") (for purposes of this Order, representatives of the Debtors' estates also include representatives of the Official Committee of Unsecured Creditors).Plaintiffs' Group
Plaintiffs in the cases that comprise MDL 1446.
Plaintiffs in the putative class action Mark Newby, et al. v. Enron Corporation, et al., Civil Action No. H-01-3624.
Plaintiffs in the putative class action Mark Newby, et al. v. Enron Corporation, et al., Civil Action No. H-01-3624.
Plaintiffs in the putative class action Pamela M. Tittle, on behalf of herself and a class of persons similarly situated, et al., Civil Action No. H-01-3913.Financial Institutions' Group
J. P. Morgan Chase Co. Citigroup, Inc. and its subsidiary, Salomon Smith Barney, Inc. Credit Suisse First Boston Canadian Imperial Bank of Commerce Bank of America Corp. Merrill Lynch Co. Barclays PLC Lehman Brothers Holding, Inc. UBS Pain Webber, Inc. and UBS Warburg, LLC Deutsche Bank AG Goldman Sachs
The mediation shall be conducted under the following conditions:
(1) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement, including insurance carriers, must attend the mediation.
(2) Any expenses of Judge Conner shall be divided equally among the three groups of parties listed above.
(3) The results of the mediation are non-binding unless the parties agree otherwise.
(4) All communications made during the mediation are confidential, are protected from disclosure, and do not constitute a waiver of any existing privileges and immunities.
(5) At the conclusion of the mediation, Judge Conner will send the court clerk in each jurisdiction a memorandum stating the style and the action number of the case, the fact that he had conducted a mediation, the names, addresses and telephone numbers of counsel, and whether the mediation was successful.
(6) The sanctions available under Fed.R.Civ.P.16(f) shall apply to any violation of this Order and except as modified herein, the provisions of Southern District of New York Amended General Order M-143 governing mediation of matters in bankruptcy cases and adversary proceedings, dated January 17, 1995 and October 20, 1999 (collectively, the "Amended Mediation Order") shall apply herein.
Identified on Exhibit A to this Order is the name of a contact representative for each group of parties ("Contact Representative"). Each Contact Representative will receive directions from Judge Conner's Chambers regarding the scheduling of the initial mediation session. Upon receipt of such directions, each Contact Representative is responsible for providing notice to all other parties in its respective group.
EXHIBIT A
Contact Representative for Debtors' Group:
Martin J. Bienenstock, Esq. Weil, Gotshal Manges, LLP 767 Fifth Avenue New York, N.Y. 10153 212-310-8000
Contact Representative for Plaintiffs' Group:
William S. Lerach, Esq. Milberg, Weiss, Bershad, Hynes Lerach, LLP 401 B Street, Suite 1700 San Diego, California 92101 619-231-1058
Contact Representative for Financial Institutions' Group:
Richard W. Clary. Esq. Cravath, Swaine Moore 825 Eighth Avenue Worldwide Plaza New York, New York 10019 212-474-1000