Opinion
MDL 1446, CIVIL ACTION NO. H-01-3624, AND CONSOLIDATED CASES, CIVIL ACTION NO. H-01-3913, CONSOLIDATED CASES.
March 12, 2003
ORDER
Pending before the Court in Newby is Certain Defendants' (Richard A. Causey, Richard Buy, Kenneth Rice, Mark Frevert, Jeffrey McMahon, Steven Kean and Joseph Sutton's) motion for protection from Bankruptcy Rule 2004 subpoenas (instrument #1264), requesting the Court to quash certain subpoenas issued by the Texas Bankruptcy Court on or about February 14, 2003 on behalf of Neal Batson, the Enron Corporation's Examiner appointed by Enron Bankruptcy Judge Arthur Gonzalez, with Judge Gonzalez's permission.
The Court has examined carefully both the motion and its attachments and the Examiner's response with exhibits. In light of the "Discovery Sharing Stipulation" prohibiting sharing of the discovery obtained from Richard Buy and Richard A. Causey with the Creditors' Committee and other entities, the Examiner's willingness to expand that stipulation to protect the remainder of the Officer Defendants from the Creditor's Committee's use of Bankruptcy Rule 2004 to obtain discovery, the Examiner's showing that he does not share a common interest with the Creditors' Committee, and the Examiner's recognition that Defendants' traditional discovery objections would be appropriately recognized, the Court finds the discovery sought by the Examiner should be allowed to go forward. Accordingly, the Court
ORDERS that Certain Defendants' motion for protection (#1264) is DENTED.