Opinion
Case No. 01-16034(AJG), Jointly Administered
December 8, 2003
ORDER GRANTING MOTION FOR PROTECTIVE ORDER
Upon consideration of the MOTION OF FINANCIAL INSTITUTIONS FOR PROTECTIVE ORDER REGARDING TRANSCRIPTS OF PRIVATE EXAMINATIONS CONDUCTED BY THE BANKRUPTCY EXAMINER dated October 28, 2003 (the "Motion"), of Bank of America Corporation, Bank of America Securities LLC, Barclays Bank PLC, Canadian Imperial Bank of Commerce, CIBC World Markets Corp., CIBC World Markets plc, Credit Suisse First Boston LLC, Lehman Brothers Holdings Inc., Lehman Brothers Inc., Merrill Lynch Co., Inc., Merrill Lynch, Pierce, Fenner Smith, Incorporated ("Movants"); and for the reasons set forth on the record of the hearing and as set forth in the Movants pleadings; and having considered the proposed order submitted by the Newby Plaintiffs and having found such proposed order is inconsistent with the relief ordered by the Court; it is hereby
ORDERED that all transcripts of depositions, sworn private statements or other interviews provided to the Examiners (as defined in the Motion) are protected from disclosure in the consolidated private securities litigation known as Newby v. Enron Corp. et al. No. H-01-CV-3624 (S.D. Tex.) (Harmon, J.).