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

of Enron’s prominence and magnitude, public access was critical. Lead Plaintiff argued the public
and Enron’s investors must be permitted to observe the factual and legal circumstances concerning
Enron’s rise, collapse, and the extent to which the federal securities laws were violated in the
process. Lead Plaintiff was joined by several national media organizations (e.g., The New York
Times, Dow Jones), who on October 25, 2002 filed a brief in support of Lead Counsel’s motion
(Docket No. 1110).
128. Lead Counsel defeated the blanket protective order. On December 18, 2002, the
Court granted Lead Plaintiff’s motion to preclude the filing of documents subject to a blanket
protective order. “It is incumbent upon the defendants . . . if they want parts of their discovery
protected, to move in good faith for a particularized protective order pursuant to Rule 26(c),” said
the Court. 12/19/02 Order on Plaintiffs’ Motion to Preclude the Filing or Production of Documents
Subject to a Protective Order (Docket No. 1192) at 7. “[T]he Court will not impose a blanket
protective order covering all discovery in the case.” Id. As discussed above, on March 27, 2003, the
Court ordered Enron to produce the documents to the document depository (Docket No. 1307). If
Enron desired confidential treatment for particular documents, the Court ordered Enron to identify
the document on a privilege log, and then share the log with both Lead Counsel and counsel for the
media organizations.
129. The defeat of the blanket protective order was particularly important to Enron’s
investors, the public markets, government regulators and academics. The Court’s order ensured
public and media access to the Enron proceedings and defeated attempts to conceal the facts about
Enron’s demise.
5. Discovery Propounded by Lead Plaintiff
130. The chart below chronicles the sources and volume of documents produced in the
litigation, which suggests the scope and magnitude of Lead Counsel’s efforts to review and analyze
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