Opinion
MDL 1446 and Consolidated, Related and Coordinated Cases, Civil Action No. H-01-3624 and Consolidated, Related and Coordinated Cases.
May 5, 2005
ORDER AMENDING CONFIDENTIALITY ORDERS AND STIPULATIONS
Pending before the Court is the Unopposed Motion of the Financial Institution Defendants to Amend Confidentiality Orders and Stipulations ("the Motion"). The Motion requests that each of the Confidentiality Orders and Stipulations listed on Exhibit 1 to the Motion be amended to provide that insurers of parties in the consolidated, coordinated and related actions ("Consolidated Actions") and such insurers' counsel be allowed access to documents and testimony produced or taken in the Consolidated Actions, for the sole purpose of evaluating coverage for, or claims by, allegedly covered parties in connection with the Consolidated Actions.
Lead Plaintiff, Enron Corp., Vinson Elkins and Arthur Andersen have represented to the Financial Institution Defendants that they do not oppose this motion. The Court, having considered the motion, is of the opinion that it should be, and hereby is:
ORDERED that the Motion is hereby GRANTED and nothing in the Confidentiality Orders and Stipulations listed on Exhibit 1 hereto shall prevent parties' insurance carriers or their counsel from being provided with confidential material provided that each such insurer and counsel, prior to being provided with any confidential material, executes an undertaking in the form attached hereto as Exhibit 2. Such insurers or insurers' counsel are permitted access to such materials solely for the purpose of responding to claims by parties named in any of the Consolidated Actions and evaluating insurance coverage issues in connection with the Consolidated Actions, and may not use confidential material for any other purpose. This paragraph shall be deemed to be included in all future Confidentiality Orders in this case unless there is a specific provision stating that it does not apply.
IT IS FURTHER ORDERED that:
Nothing in this Amendment to Confidentiality Orders and Stipulations shall prevent any party to the consolidated, coordinated and related actions from subsequently challenging any party's designation of the documents as "confidential."
EXHIBIT 1 LIST OF CONFIDENTIALITY ORDERS AND STIPULATIONS
Title of Order or Party or Parties Covered Date Order Docket No. Stipulation Entered or Date of Stipulation Stipulation Regarding Arthur Andersen 02/11/05 N/A Documents Produced by Arthur Andersen to the Financial Institutions Order on Azurix Corp.'s Azurix Corp. 03/16/04 2026 (Newby) Motion for Temporary Protective Order Order on Azurix Corp.'s Azurix Corp. 03/16/04 2023 (Newby) Motion for Protective Order Protective Order Azurix Corp. 08/26/04 697 (Tittle) Confidentiality Order Bank of America 11/13/03 1836 (Newby) Order Bank Defendants 09/18/03 1673 (Newby) Confidentiality Order Barclays 11/13/03 1837 (Newby) Confidentiality Order Barclays 01/26/04 1953 (Newby) Unopposed Protective Callan Associates Inc. 08/19/04 836 (Tittle) Order Regarding Callan Associates Inc.'s Confidential Documents Confidentiality Order Certain Officer 04/15/04 2083 (Newby) Defendants Protective Order Citigroup 12/17/03 1897 (Newby) Amended Protective Citigroup 04/16/04 2091 (Newby) Order Protective Order Citrus Corp. and Northern 01/06/04 1921 (Newby) Border Partners Protective Order Citrus Corp. and Northern 03/16/04 2022 (Newby) Border Partners Protective Order Credit Suisse First Boston 08/19/04 835 (Tittle) Regarding Credit Suisse First Boston LLC's Confidential Documents Stipulation and Order Credit Suisse First Boston 12/24/03 1903 (Newby) Stipulation Regarding Enron 06/17/03 1534 (Newby) Enron Work Papers Produced by Arthur Andersen Stipulation Regarding Enron 10/27/03 N/A Enron Documents Produced by Arthur Andersen Stipulation Regarding Enron Undated; Filed by 2046 (Newby) Enron Documents Vinson Elkins Produced by Vinson on 02/09/04 Elkins L.L.P. Stipulation Regarding Enron 02/19/04 2047 (Newby) Enron Documents Produced by Arthur Andersen to Bank Defendants Order on Enron Corp.'s Enron 03/16/04 2024 (Newby) Motion for Protective Order Regarding Andersen Documents Order on Unopposed Enron 06/16/04 2206 (Newby) Motion to Set Protocol for Handling "Presumptively Confidential" Documents Amended Stipulation Enron Undated; Filed by N/A Regarding Enron Vinson Elkins Documents Produced by on 04/14/05 Vinson Elkins L.L.P. Confidentiality Order J.P. Morgan Chase 12/11/03 1885 (Newby) Protective Order Merrill Lynch 12/04/03 1864 (Newby) Confidentiality Order Moody's and John C. Diaz 02/09/05 3085 (Newby) Confidentiality Order Moody's 02/11/05 3095 (Newby) Amended Moody's 02/18/05 3151 (Newby) Confidentiality Order Protective Order Northern Trust Company 11/25/03 656 (Tittle) Regarding the Northern Trust Company's Credit Request Memorandum Documents and Certain Policies and Procedures Documents Order on Outside Outside Director 07/09/03 1548 (Newby) Directors' Motions for Defendants Protective Order Confidentiality Order Outside Director 07/12/04 2266 (Newby) Defendants Confidentiality Order Pai, Lou 05/26/04 2160 (Newby) Protective Order Portland General Electric 03/16/04 2025 (Newby) Company Order Regents of the University 03/28/03 1307 (Newby) of California Order Granting Motion Royal Bank of Scotland 04/18/05 3357 (Newby) of Defendants The Royal Bank of Scotland Group plc And Its Affiliates, Unopposed by Lead Plaintiff, For A Confidentiality Order Confidentiality Order Standard Poor's Credit 03/17/05 3239 (Newby) Market Services Confidentiality Order Tilney, Schuyler M. and 06/02/04 2182 (Newby) Elizabeth Order Regarding Toronto Dominion 03/28/05 46 (Regents) Voluntary Production and Interim Confidentiality Confidentiality Order Urquhart, John A. 10/20/04 2465 (Newby) Order Regarding Vinson Elkins 02/25/04 681 (Tittle) Confidentiality and Inadvertent Production of Documents by Vinson Elkins L.L.P. Order Regarding Vinson Elkins 07/13/04 2269 (Newby) Confidentiality of Certain Documents Produced by Vinson Elkins L.L.P. Confidentiality Order Third Parties 05/11/04 2135 (Newby) for Third Party Documents Confidentiality Order Third Parties 07/12/04 2267 (Newby) for Third Party Documents Confidentiality Order Various 07/02/04 2247 (Newby) for Deposition Testimony and Exhibits Document Production Various 03/05/04 N/A AgreementEXHIBIT 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
In re ENRON CORPORATION SECURITIES, MDL 1446 DERIVATIVE "ERISA" LITIGATION and Consolidated, Related and Coordinated Cases
This Document Relates To:
MARK NEWBY, et al., Individually and on Behalf of All Others Similarly Situated, Civil Action No. H-01-3624 and Consolidated, Related Plaintiffs, and Coordinated Cases vs.
ENRON CORP., et al., Defendants.
UNDERTAKING
The undersigned hereby affirms, under penalty of perjury, as follows:1. I have read and understand the confidentiality orders and stipulations listed on Exhibit 1 to the Unopposed Motion of the Financial Institution Defendants to Amend Confidentiality Orders and Stipulations.
2. I agree to comply with and be bound by all of the terms of the Confidentiality Orders and Stipulations, as amended from time to time, listed on Exhibit 1 to the Unopposed Motion of the Financial Institution Defendants to Amend Confidentiality Orders and Stipulations, and to treat as confidential all materials protected thereby.
3. I understand that my use of the materials provided to me under these terms is limited solely to my response to claims by parties named in any of the Consolidated Actions and evaluation of insurance coverage issues in connection with the Consolidated Actions.
4. I acknowledge that my failure to comply with the terms of the Confidentiality Orders and Stipulations listed on Exhibit 1 to the Unopposed Motion of the Financial Institution Defendants to Amend Confidentiality Orders and Stipulations may be regarded as a contempt of court, and I agree to submit to the jurisdiction of the Southern District of Texas, for purposes of enforcement of those Orders and Stipulations.
Name: ____________________ (Please Print)
Signature: _______________
Date: ____________________