Opinion
Case No. 01-16034 (AJG), Jointly Administered.
February 14, 2003
By Order, dated January 10, 2003 (the "January 10, 2003 Order"), the Court extended the period in which Neal Batson, the Examiner (the "Examiner") appointed in accordance with this Court's Order, dated April 8, 2002 (the "April 8, 2002 Order"), would file and publicly disseminate the Examiner's second interim report in order to permit Enron Corp. and its affiliated debtor entities (collectively, the "Debtors") and the Official Committee of Unsecured Creditors appointed in the Debtors' chapter 11 cases (the "Committee") an opportunity to review such report for, among other things, issues regarding the waiver of available privileges and privileged information; and the Examiner having made the second interim report available to the Designated Parties in accordance with the January 10, 2003 Order; and the Designated Parties having informed the Examiner of certain issues regarding, among other things, the preservation of available privileges and privileged information; and it appearing that the Examiner, the Debtors and the Committee require additional time to resolve any outstanding issues between the parties; and a party, other than the Examiner and the Designated Parties, having requested to be heard with respect to the relief provided herein; and the Court having determined that such party was not a party to the January 10, 2003 Order, and is not necessary and will not be prejudiced by the relief provided herein; and upon due consideration, it is hereby
The Debtors and Committee are sometimes hereinafter collectively referred to as the Designated Parties.
ORDERED that, subject to further Order of the Court, the Examiner shall file the second interim report, as such report may have been revised subsequent to its initial distribution to the Designated Parties, with the Court on the Court's Electronic Docketing System on February 28, 2003 unless, prior to that time, the Court has directed that any portion or all of the second interim report not be filed on the Court's Electronic Docketing System; provided, however, that, in the event that the period in which the Department of Justice of the United States of America (the "DOJ") has an opportunity to review the second interim report has not expired, the date on which the second interim report shall be filed shall be extended up to and including such expiration date; and it is further
ORDERED that the Examiner and the Designated Parties reserve all rights with respect to each other and to the filing of the second interim report; and it is further
ORDERED that, upon the earlier to occur of (1) the Designated Parties and the Examiner having resolved all issues of privilege associated with the second interim report, (2) entry of an Order of the Court with respect to any issues of privilege which may be in dispute among the Examiner and the Designated Parties, and (3) resolution of any issues regarding the use by any governmental agency or department of the second interim report prior to its public dissemination in accordance with the first decretal paragraph, the Examiner shall provide a copy of the second interim report, as the same may have been revised, redacted or otherwise modified pursuant to agreement, Order of the Court or otherwise, to the DOJ and the DOJ shall have an opportunity to review the second interim report until the earlier to occur of (y) March 7, 2003 and (z) the seventh (7th) day following receipt of the second interim report or any portion thereof; provided, however, that, prior to the occurrence of the events set forth above and in the event that the Debtors and the Committee, in their joint and absolute discretion, determine that issues of privilege are not implicated in certain segregatable sections or appendices of the second interim report, the Examiner may provide a copy of those sections or appendices of the second interim report to the DOJ; and it is further
ORDERED that the time periods for filing subsequent reports shall run from February 28, 2003; and it is further
ORDERED that, except as provided herein, the provisions of the April 8, 2002 Order and the January 10, 2003 shall remain in full force and effect.