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

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complaint did not comply with applicable pleading requirements; and the complaint failed to plead loss causation. On December 30, 2003, Lead Counsel filed Plaintiffs’ Opposition to the Citigroup Defendants’ Separate Memorandum of Law in Support of Their Motion to Dismiss (Docket No. 86 in Case No. H-02-3401), which argued that Citigroup’s conduct in the Nighthawk transaction violated the securities laws, Citigroup made false and misleading statements, plaintiffs’ claims were pled with the requisite particularity, and the complaint adequately pled loss causation. (b) Deutsche Bank: Deutsche Bank argued for dismissal because the claims against it were time-barred. On December 30, 2003, Lead Counsel filed Plaintiffs’ Opposition to Deutsche Bank Entities’ Motion to Dismiss (Docket No. 85 in Case No. H-02-3401), which argued that the defendant’s conduct in tax transactions violated the securities laws, and both reliance and loss causation were properly pled. On January 29, 2004, Lead Counsel also filed Plaintiffs’ Sur- Reply to Reply Memorandum of Law in Support of the Deutsche Bank Entities’ Motion to Dismiss (Docket No. 125 in Case No. H-02-3401), arguing that the effect of the tax transactions was unknown to investors and the transactions had no legitimate business purpose. (c) JPMorgan and Lehman Brothers: JPMorgan argued that the complaint failed to allege any act constituting primary liability; failed to plead scienter; and failed to adequately allege control person liability. Lehman Brothers argued for dismissal because it was not subject to control person liability. On December 30, 2003, Lead Counsel filed Plaintiffs’ Memorandum of Law in Opposition to the Motions to Dismiss Filed by the JPMorgan Defendants and Lehman Defendants (Docket No. 87 in Case No. H-02-3401), which argued that JPMorgan’s conduct in prepays and other transactions violated the securities laws, and that the complaint’s allegations were sufficiently pled. (d) Officer Defendants Buy, Frevert, Kean, Koenig, McMahon, Olson, Rice, Whalley, Hannon, Hirko and Causey; and Director Defendants Belfer, Blake, Chan, Duncan, Foy, - 66 -
Gramm, Jaedicke, LeMaistre, Meyer, Wakeham, Walker & Winokur and Urquhart. The Officer Defendants argued for dismissal because the complaint failed to meet the particularized pleading requirements for securities fraud; and the complaint failed to plead control person liability. The Director Defendants argued for dismissal because the complaint failed to plead control person liability; and certain directors were not properly served. On December 30, 2003, Lead Counsel filed Plaintiffs’ Opposition to the Motions to Dismiss of the Officer and Director Defendants (Docket No. 89 in Case No. H-02-3401), which argued that the complaint adequately pled claims against the officer defendants for engaging in a fraudulent scheme, that the defendants faced control person liability, and that the Court should reject the defendants’ arguments of inadequate service. (e) V&E: V&E argued for dismissal because the complaint failed to allege that defendant committed any act which gave rise to primary liability. On 12/30/03, Lead Counsel filed Plaintiffs’ Opposition to Vinson & Elkins’s Motion to Dismiss (Docket No. 83 in Case No. H-02- 3401), which argued that the complaint adequately alleged the primary liability of V&E. (f) On November 17, 2003, Andersen, Thomas Bauer, Debra Cash, Stephen Goddard, Gary Goolsby, Michael Lowther and David B. Duncan moved to dismiss for the same reasons as the other moving defendants (Docket No. 75 in Case No. H-02-3401). On December 30, 2003, Lead Counsel filed Plaintiffs’ Opposition to Motions to Dismiss by Arthur Andersen LLP, Thomas Bauer, Debra Cash, Stephen Goddard, Gary Goolsby, Michael Lowther and David B. Duncan (Docket No. 84 in Case No. H-02-3401), which incorporated Lead Plaintiff’s counterarguments to the arguments of the other moving defendants. (g) In addition to the arguments discussed above, in the motions to dismiss defendants Citigroup, JPMorgan, Barclays, Deutsche Bank, Lehman Brothers and the Officer and Director Defendants challenged plaintiffs’ claims under the statute of limitations. In response, on December 30, 2003, Lead Counsel filed Plaintiffs’ Opposition to Certain Defendants’ Motions to - 67 -
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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
Page 19 and 20: and the necessary involvement with
Page 21 and 22: case. The Court hereby awards attor
Page 23 and 24: published an article, “Enron Jolt
Page 25 and 26: statements. We compiled profiles on
Page 27 and 28: 34. We had no way of knowing whethe
Page 29 and 30: which witnesses to pursue, but cont
Page 31 and 32: the market in October 2001. The ana
Page 33 and 34: said it was unable to determine whe
Page 35 and 36: depositions because discovery was p
Page 37 and 38: 65. After the motion was filed, The
Page 39 and 40: institutional plaintiffs, their rep
Page 41 and 42: drawing on the expertise of our in-
Page 43 and 44: 83. On May 3, 2002, the Preferred P
Page 45 and 46: finance certain of the partnerships
Page 47 and 48: and participated in a scheme to def
Page 49 and 50: (j) Arthur Andersen LLP (Docket No.
Page 51 and 52: Lead Plaintiff had adequately alleg
Page 53 and 54: (a) The Court ruled that Lead Plain
Page 55 and 56: director of New Power, and issuance
Page 57 and 58: 94. On September 26, 2002, Lead Pla
Page 59 and 60: mandamus review, and that the Court
Page 61 and 62: 106. On May 6, 2003, defendant Citi
Page 63 and 64: scheme, and certain specific allega
Page 65 and 66: pled with the requisite particulari
Page 67 and 68: Merrill Lynch and Deutsche Bank Ent
Page 69: 4. Motions to Intervene Additional
Page 73 and 74: professionals and experts, and atte
Page 75 and 76: 121. On May 7, 2003, the Outside Di
Page 77 and 78: of Enron’s prominence and magnitu
Page 79 and 80: 131. As part of discovery, Lead Cou
Page 81 and 82: Third Parties and Defendants Date S
Page 83 and 84: Third Parties and Defendants Date S
Page 85 and 86: 133. Document requests and subpoena
Page 87 and 88: 139. In responding to the document
Page 89 and 90: 146. In addition to JPMorgan’s in
Page 91 and 92: 10. Requests for Admission 152. In
Page 93 and 94: Protocol Order provided for the ord
Page 95 and 96: privilege. And the defendants agree
Page 97 and 98: Deponent Entity Date[s] Location No
Page 105 and 106: promptly responded to all discovery
Page 107 and 108: Enron securities, and questions con
Page 109 and 110: securities, understanding of a repr
Page 111 and 112: 187. Lead Counsel made further supp
Page 113 and 114: April 16, 2004, Lead Counsel filed
Page 115 and 116: 195. On April 13, 2004, defendants
Page 117 and 118: Plaintiffs’ Investors Partner Lif
Page 119 and 120: • 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
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primarily involving Deutsche Bank,
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We filed a notice of request for se
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236. Bankruptcy Examiner Batson him
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egarding the §11 claims, which wer
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proceeds for our settlement. Thus,
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egarding the policies and he moved
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team; for example, we reviewed info
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Court ruled that Lead Plaintiff fai
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Opposition to Deutsche Bank’s Mot
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Sec. Litig., 443 F.3d 987 (8th Cir.
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Plaintiff’s Opposition to Motion
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dated June 5, 2006 as It Pertains t
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the Pleadings (Docket No. 5019). On
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joint-and-several liability for kno
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pricing or trade volume data, estim
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y the court and cited in In re Cend
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296. Attached hereto as Ex. 2 is a
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ADDITIONAL SERVICE LIST Stuart Yoes
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ENRON COUGHLIN STOIA GELLER RUDMAN
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Name Title Hours Rate Lodestar Meye
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ENRON - SUMMARY OF PLAINTIFFS' FIRM
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EXHIBIT 4
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TOP SECURITIES SETTLEMENTS Case Nam
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Exhibit Listings and Notes regardin
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