Opinion
Civil Action Nos. H-01-3624, H-01-3645, H-01-3913, Case No. 01 B 16034 (AJG)
March 22, 2002
ORDER
The Courts Order that representatives of the following parties be referred for mediation to Professor Eric D. Green, Resolutions, LLC, 155 Federal Street, 16th Floor, Boston, Massachusetts 02110 beginning Sunday, March 24, 2002, at an hour and place to be agreed upon:
Enron Corp. ("Enron") and its affiliated debtors and debtors in possession (collectively, the "Debtors").
The Official Committee of Unsecured Creditors of the Debtors.
Plaintiffs in the putative class action Mark Newby, et al. v. Enron Corporation, et at., 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.
Arthur Andersen LLP
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) The mediator and the litigants will determine the fees for the mediation. The fees shall be divided equally among the five parties listed above. The Courts reserve the right to review the reasonableness of fees.
(3) The results or 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 end immunities.
(5) At the conclusion of the mediation, the mediator will send the court clerk in each jurisdiction a memorandum stating the style and the action number of the case, the fact that he has conducted a mediation, the names, addresses and telephone numbers of counsel, whether the mediation was successful, and the amount of big fees.
(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.