Opinion
Case No. 01-16034 (AJG) Jointly Administered
April 14, 2003
Kirk D. Dillman, Hennigan, Bennett Dorman LLP, Los Angeles, California, Counsel for Rabobank.
Diane Harvey, Weil, Gotshal Manges LLP, New York, New York, Attorneys for Enron Corp., as Debtor in Possession.
John S. Willems, White Case LLP, New York, New York, Attorneys for Royal Bank of Canada.
Upon the request of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. ("Rabobank"), to obtain copies of certain documents produced by Enron Corp. ("Enron") to the United States Government and to plaintiffs in the consolidated Newby Class Action, as defined below, in connection with the action brought by Rabobank against Royal Bank of Canada ("RBC"), pending in the Supreme Court of the State of New York, County of New York, styled Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. v. Royal Bank of Canada, et al., Index No. 602303-02 (the "State Court Action") and in the corresponding action entitled Royal Bank of Canada v. Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., 2002 Folio No. 608 (High Ct. of Justice, Queens Bench Division) (the "London Action") (collectively, the "Actions"); and upon consent of the undersigned parties and after due deliberation and sufficient cause appearing therefor, it is hereby:
ORDERED that Rabobank and RBC shall execute the Confidentiality Agreement annexed hereto as Exhibit "A"; and it is further
ORDERED that upon delivery of such executed Confidentiality
Agreement to Enron, and subject to Enron's right to assert all applicable privileges with respect to documents requested by Rabobank, Enron should grant Rabobank and RBC access to the electronic document depository established in connection with the consolidated Newby Class Action, styled Newby, et al. v. Enron Corp., et al., 01-3624 (S.D.Tex. 2001) (See October 30, 2002 Order Establishing Document Depository), to view and duplicate (a) all documents and materials Enron produced in connection with any inquiries or investigations into the Company's business affairs that were provided (1) to any committee of the Legislative branch of the United States Government, or (2) in response to any subpoena or written request of the Executive branch of the United States Government, including, but not limited to, the United States Department of Justice and the Securities and Exchange Commission; and (b) copies of all transcripts of witness interviews taken or conducted by (1) the foregoing governmental bodies or (2) Wilmer, Cutler Pickering in connection with its representative of the Special Investigative Committee of the Board of Directors of Enron Corp. or depositions in Enron's possession, custody, or control given or taken in connection with said inquiries or investigations; and it is further
ORDERED that Rabobank and RBC shall separately pay all costs incurred by Rabobank or RBC in connection with accessing the electronic document depository and duplicating documents in that depository; and it is further
ORDERED that the entry of this Order is without prejudice to any application or motion that may be made in the Actions by either Rabobank or RBC concerning the documents that are the subject of this Order.