Declaration Of Helen J. Hodges In Support Of Lead Counsel's ...

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TOP SECURITIES SETTLEMENTS Case Name Settlement Amount Lodestar Fee Award Fee Award % Stage of Case Upon Settlement Pages of Documents Reviewed Depos WorldCom $6,133,000,000 $83,183,238.70 $336,100,000.00 5.48% Various 10,000,000 41 Tyco $3,200,000,000 $172,069,355.65 $464,000,000.00 14.5% Class Cert 83,500,000 220 stage Cendant $3,186,000,000 $8,000,000.00 $55,000,000.00 1.73% Class Cert 1,000,000 0 stage AOL/Time $2,650,000,000 $39,973,056.76 $147,500,000.00 5.57% Merits 15,500,000 0 Warner discovery Nortel I $1,142,000,000 $16,655,971.00 $34,283,259.29 3.00% Class Cert 2,000,000 12 stage Nortel II $1,039,811,504 $17,429,370.30 $83,184,920.32 8.00% Class Cert 10,000,000 0 stage Royal Ahold $1,088,732,241 $50,858,606.25 $130,647,868.95 12.00% Class Cert 15,000,000 0 stage McKesson $960,000,000 $31,160,000.00 $74,784,000.00 7.79% Merits 2,000,000 65 discovery Cardinal $600,000,000 $18,378,123 $107,580,000 18% Merits 7,200,000 0 Health discovery Lucent $517,000,000 $20,244,296.58 $87,890,000.00 17.00% Class Cert 3,000,000 0 stage Bankamerica $484,551,469 $28,805,990.75 $86,416,085.14 17.83% expert disc. 1,500,000 75 completed Dynegy $474,000,000 $10,162,041.75 $41,359,818.00 8.73% expert disc. 1,200,000 19 completed Raytheon $460,000,000 $13,160,578.00 $41,400,000.00 9.00% Trial 1,000,000 45 Waste $457,000,000 $6,842,457.00 $36,240,100.00 7.93% Motion to 700,000 12 Mgmt. II Dismiss Adelphia $455,000,000 $33,686,468.00 $97,370,000.00 21.40% Amended 1,500,000 0 Complaint Global $448,000,000 $28,242,915.18 $72,470,000.00 16.04% Merits 270,000 0 Crossing Discovery Freddie Mac $410,000,000 $35,353,394.50 $82,000,000.00 20.00% Class Cert 6,700,000 78 stage Qwest $400,000,000 $18,547,453.65 $60,000,000.00 15.00% Class Cert 9,000,000 60 stage Totals $24,105,095,214 $632,753,317 $2,038,226,051 171,070,000 627 Average $1,339,171,956 $35,152,962 $113,234,781 11.61% 9,503,888 37 Enron (Proposed) $7,227,390,000 $127,000,000.00 $688,000,000.00 9.52% Various 70,000,000 370 S:\Settlement\Enron.Set\2007 Fee Application\TOP SETTLEMENTS CHART.doc
Exhibit Listings and Notes regarding Top Settlements Calculations WorldCom In re WorldCom, Inc. Sec. Litig., 388 F. Supp. 2d. 319 (S.D.N.Y 2005). Tyco In re Tyco Int’l, Ltd. Multidistrict Litig., No. 02-md-1355-PB, Memorandum and Order (D.N.H. Dec. 19, 2007), attached hereto as Exhibit A. Cendant AOL/Time Warner In re Cendant Corp. Litig., 243 F. Supp. 2d 166 (D.N.J. 2003). The one million pages of documents reviewed is an estimate and is found in the Joint Declaration of Jay Eisenhofer and others in In re Tyco Int’l, Ltd. Multidistrict Litig., No. 02-md-1355-PB (D.N.H.) In re AOL Time Warner, Inc. Sec. and ERISA Litig., No. 1500, 02 Civ. 5575 (SWK), 2006 U.S. Dist. LEXIS 78101 (S.D.N.Y. Sept. 28, 2006); In re AOL Time Warner, Inc. Sec. and ERISA Litig., No. 1500, 02 Civ. 5575 (SWK), Memorandum in Support of Lead Securities Counsel’s Application for an Award of Attorneys’ Fees and Reimbursement of Expenses (S.D.N.Y.), relevant pages of the memorandum are attached hereto as Exhibit B. Nortel II In re Nortel Networks Corp. Sec. Litig., No. 05 MD 1659 (LAP), Order and Final Judgment (S.D.N.Y. Dec. 26, 2006); In re Nortel Networks Corp. Sec. Litig., No. 05 MD 1659 (LAP), Memorandum of Law in Support of Lead Counsel’s Application for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (S.D.N.Y.), relevant pages of the order and memorandum are attached hereto as Exhibit C. Nortel I In re Nortel Networks Corp. Sec. Litig., No. 01-CV-1855 (RMH), Order and Final Judgment (S.D.N.Y. Jan. 29, 2007); In re Nortel Networks Corp. Sec. Litig., No. 01-CV-1855 (RMH), Memorandum of Law in Support of Plaintiffs’ Counsel’s Application for an Award of Attorneys’ Fees and Reimbursement of Expenses (S.D.N.Y.), relevant pages of the order and memorandum are attached hereto as Exhibit D. Royal Ahold In re Royal Ahold N.V. Securities and ERISA Litig., No. 03-MD-1539, Order (D. Md. Nov. 2, 2006); In re Royal Ahold N.V. Securities and ERISA Litig., No. 03-MD-1539, Lead Plaintiffs’ Memorandum of Law in Support of Led Counsel’s Application for an Award of Attorneys’ Fees and Reimbursement of Expenses (D. Md.), relevant pages of the order and memorandum are attached hereto as Exhibit E.
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UNITED STATES DISTRICT COURT SOUTHE
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2. The Parties Establish a Document
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I, HELEN J. HODGES, declare as foll
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• Reviewed over 70 million pages
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6. The above recoveries were based
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gathered and which the banks and En
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14. In this endeavor, Coughlin Stoi
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17. Lead Counsel prosecuted the lit
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[T]his representation has been unde
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and the necessary involvement with
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case. The Court hereby awards attor
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published an article, “Enron Jolt
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statements. We compiled profiles on
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34. We had no way of knowing whethe
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which witnesses to pursue, but cont
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the market in October 2001. The ana
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said it was unable to determine whe
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depositions because discovery was p
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65. After the motion was filed, The
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institutional plaintiffs, their rep
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drawing on the expertise of our in-
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83. On May 3, 2002, the Preferred P
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finance certain of the partnerships
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and participated in a scheme to def
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(j) Arthur Andersen LLP (Docket No.
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Lead Plaintiff had adequately alleg
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(a) The Court ruled that Lead Plain
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director of New Power, and issuance
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94. On September 26, 2002, Lead Pla
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mandamus review, and that the Court
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106. On May 6, 2003, defendant Citi
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scheme, and certain specific allega
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pled with the requisite particulari
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Merrill Lynch and Deutsche Bank Ent
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4. Motions to Intervene Additional
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Gramm, Jaedicke, LeMaistre, Meyer,
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professionals and experts, and atte
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121. On May 7, 2003, the Outside Di
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of Enron’s prominence and magnitu
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131. As part of discovery, Lead Cou
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Third Parties and Defendants Date S
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Third Parties and Defendants Date S
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133. Document requests and subpoena
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139. In responding to the document
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146. In addition to JPMorgan’s in
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10. Requests for Admission 152. In
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Protocol Order provided for the ord
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privilege. And the defendants agree
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Deponent Entity Date[s] Location No
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promptly responded to all discovery
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Enron securities, and questions con
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securities, understanding of a repr
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187. Lead Counsel made further supp
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April 16, 2004, Lead Counsel filed
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195. On April 13, 2004, defendants
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Plaintiffs’ Investors Partner Lif
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• Outside Directors’ Memorandum
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208. A two-day hearing was held reg
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Expert Entity Area of Opinion Dorri
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and is the basis for a presumption
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nature of Enron’s financial condi
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economically valid method and frame
Page 131 and 132: primarily involving Deutsche Bank,
Page 133 and 134: We filed a notice of request for se
Page 135 and 136: 236. Bankruptcy Examiner Batson him
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Page 139 and 140: proceeds for our settlement. Thus,
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Page 143 and 144: team; for example, we reviewed info
Page 145 and 146: Court ruled that Lead Plaintiff fai
Page 147 and 148: Opposition to Deutsche Bank’s Mot
Page 149 and 150: Sec. Litig., 443 F.3d 987 (8th Cir.
Page 151 and 152: Plaintiff’s Opposition to Motion
Page 153 and 154: dated June 5, 2006 as It Pertains t
Page 155 and 156: the Pleadings (Docket No. 5019). On
Page 157 and 158: joint-and-several liability for kno
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Page 161 and 162: y the court and cited in In re Cend
Page 163: 296. Attached hereto as Ex. 2 is a
Page 166 and 167: ADDITIONAL SERVICE LIST Stuart Yoes
Page 168 and 169: ENRON COUGHLIN STOIA GELLER RUDMAN
Page 170 and 171: Name Title Hours Rate Lodestar Meye
Page 172 and 173: ENRON - SUMMARY OF PLAINTIFFS' FIRM
Page 178: EXHIBIT 4
Page 184 and 185: Exhibit Listings and Notes regardin
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