Opinion
Civil Action No. H-01-3624 (Consolidated) Class Action
October 23, 2002
ORDER LIFTING DISCOVERY STAY TO PERMIT LIMITED PRODUCTION OF DISCOVERY CONSISTENT WITH SEPTEMBER 13, 2002 ORDER OF THE BANKRUPTCY COURT
Upon consideration of Lead Plaintiffs motion to lift the discovery stay for the limited production of discovery made available in In re Enron Corp., No. 01-16034 (AJG), Order (Bankr. S.D.N.Y. Sept. 13, 2002), IT IS HEREBY ORDERED:
1. The discovery stay is lifted for the limited production of discovery to Lead Plaintiff, consistent with the Order of Judge Gonzalez, dated September 13, 2002, as follows, (i) the production of all documents produced and that may be produced by the Debtors pursuant to the Order entitled Order Modifying Automatic Stay to Permit Certain Third Party Discovery to Be Obtained From Debtors dated May 15, 2002; and (ii) transcripts of depositions, including the exhibits marked in depositions, that may be taken in the litigation styled J.P. Morgan Chase Bank v. Liberty Mutual Insurance Co., No 01-CIV-15523 (JSR).
2. Debtors in the bankruptcy action, In re Enron Corp., No. 01-16034 (AJG) (S.D.N.Y.), JP Morgan Chase Bank, Mahonia Ltd., Mahonia Gas Ltd., and the Surety Group in J.P. Morgan Chase Bank v. Liberty Mutual Insurance Co., No. 01-CIV-15523 (JSR), may assert applicable privileges or objections before this Court.
3. Copies of these documents and transcripts of depositions shall be maintained by Lead Counsel, Milberg Weiss Bershad Hynes Lerach LLP, and made available to counsel in the Tittle and Newby cases, and will be deposited in the document depository in Houston, Texas.