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

depositions because discovery was premature, and arguing the Court did not have the authority to
compel appearance by the witnesses.
58. During a March 12, 2002 telephonic hearing Lead Counsel, along with counsel for
other plaintiffs, successfully persuaded the Court to compel the appearance of the witnesses for
deposition. Certain Andersen defendants immediately appealed the district court’s order to the Fifth
Circuit Court of Appeals under the All Writs Act, arguing service was improper and the district court
did not have the authority to compel the Andersen witnesses to sit for oral examination. Lead
Plaintiff opposed, arguing the Andersen witnesses were properly served and the court had the
authority to compel the sworn testimony.
59. On March 15, 2002 the Fifth Circuit ruled the district court should make a factual
determination whether one Andersen witness, Nancy Temple, had been served and made a party to
the action. On March 18, 2002 Lead Counsel served an ex parte motion and memorandum proving
Temple was a party.
60. The District Court held another telephonic hearing on March 18, 2002, at which time
Temple was ordered to appear for deposition on March 22, 2002 at 9:00 a.m. in Houston, Texas.
Lead Counsel was successful in its efforts to secure sworn testimony concerning the Andersen
document destruction. Ms. Temple was deposed, along with other witnesses, securing important
evidence spoliation testimony while recollections were fresh.
4. Expedited Discovery Concerning Document Destruction at
Enron
61. At a January 22, 2002 hearing concerning potential document destruction at
Andersen, Lead Counsel also brought forth evidence of document destruction at Enron’s corporate
headquarters. At the hearing, Enron’s counsel admitted some shredded material had been found, but
steps had been taken to preserve evidence. National media organizations would later report
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