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

More documents

Recommendations

Info

the documents for use during fact and expert discovery depositions, in summary-judgment-motion oppositions, and for trial exhibits: Defendant Documents Pages Arthur Andersen Arthur Andersen LLP 1,292,830 9,009.313 Law Firms & Counsel Vinson & Elkins 438,025 5,528,316 Andrews Kurth, LLP 19,196 140,862 Kirkland & Ellis 40,485 464,627 Subtotal 497,706 6,133,805 Board of Directors Belfer, Robert 3,335 16,183 Blake, Jr., Norman 260 9,589 Chan, Ronnie 5 15 Duncan, John 776 5,299 Foy, Joe 87 804 Gramm, Wendy 1,379 8,148 Harrison, Ken 1,825 20,593 Jaedicke, Robert 285 2,004 Lay, Kenneth 9,660 37,872 LeMaistre, Charles 447 1,773 Meyer, Jerome 134 334 Skilling, Jeffrey 612 4,803 Urquhart, John 11,225 140,289 Wakeham, John 1,030 4,478 Walker, Charls 54 8,087 Whalley, Lawrence 235 1,710 Winokur, Herbert 578 6,469 Subtotal 31,927 268,450 Enron Executives Buy, Richard 383 5,076 Causey, Richard 544 1.905 Fastow, Andrew 1,169 16,590 Frevert, Mark 60 335 Hirko, Joseph 900 3,282 Horton, Stanley 303 1,952 Kean, Steven 442 5,836 Koenig, Mark 1,337 6,288 McMahon, Jeffrey 366 1,330 Olson, Cindy 66 154 Pai, Lou 3,128 15,035 Sutton, Joseph 1,090 6,677 Willison, Bruce 1 36 Subtotal 9,789 64,496 Financial Institutions Bank of America 7,730 77,344 Barclays 74,230 633,137 Canadian Imperial Bank of Commerce 160,324 2,162,358 Citigroup 267,526 2,478,288 Credit Suisse First Boston 218,332 1,873,822 Deutsche Bank 121,756 986,210 Goldman Sachs 3,172 34,301 JP Morgan 354,760 4,184,949 Lehman 6,391 88,019 Merrill Lynch 61,594 940,999 Royal Bank of Canada 72,228 321,197 Toronto Dominion Bank 6,022 38,775 Alliance Capital Management 3,638 28,572 Subtotal 1,357,703 13,847,971 Additional Documents Reviewed (Including documents produced by non-parties, Batson materials, materials from the several criminal trials, etc.) 8,273,508 44,482,264 TOTAL DOCUMENTS REVIEWED 11,463,463 73,806,299 - 74 -
131. As part of discovery, Lead Counsel issued scores of subpoenas to third parties, which involved the requisite meet-and-confer sessions, letters to memorialize those sessions, and considerable follow-up to insure receipt of the requested documents. We sought documents from the sureties, that is the insurance companies, in the Liberty Mutual case where JPMorgan Chase was trying to collect on insurance policies purchased to cover default on the commodities trades, which were really loans, underlying the prepay transactions. We subpoenaed documents from rating agencies, such as Moody’s, to learn about the information they relied on to rate Enron’s debt and how they determined the ratings issued. We subpoenaed stock analysts, such as David Fleischer, and short-sellers to gather evidence relating to loss causation. We sought documents from Innovision, which recorded Enron’s analyst and employee conferences. We sought trade data from investment banks in order to support our allegation that debt prices reacted when there was a default risk. Third Parties and Defendants Date Subpoena Issued Thomas H. Bauer 01/29/02 David B. Duncan 01/29/02 Michael C. Odom 01/29/02 Nancy Temple 01/29/02 Lehman Brothers Holdings Inc. 03/05/02 Citigroup Inc., Robertson Stephens & Co. Inc., JPMorgan Chase, Salomon Smith Barney, Inc., Credit 03/05/02 Suisse First Boston, Banc of America Securities, CIBC World Markets, Morgan Stanley Dean Witter & Co., Prudential Securities, Deutsche Bank Securities Inc., Merrill Lynch & Co., Inc. St. Paul Fire & Marine Insurance Co. 01/02/03 01/17/03 02/27/03 The Travelers Indemnity Co. 01/02/03 01/17/03 02/27/03 The Travelers Casualty & Surety Co. 01/02/03 01/17/03 02/27/03 Hartford Fire Insurance Co. 01/02/03 01/17/03 02/27/03 Safeco Insurance Co. of America 01/02/03 01/17/03 02/27/03 Lumbermens Mutual Casualty Co. 01/02/03 01/21/03 02/27/03 Fireman’s Fund Insurance Co. 01/02/03 01/17/03 02/27/03 National Fire Insurance Co. of Hartford 01/02/03 - 75 -
Page 1 and 2:
UNITED STATES DISTRICT COURT SOUTHE
Page 3 and 4:
2. The Parties Establish a Document
Page 5 and 6:
I, HELEN J. HODGES, declare as foll
Page 7 and 8:
• Reviewed over 70 million pages
Page 9 and 10:
6. The above recoveries were based
Page 11 and 12:
gathered and which the banks and En
Page 13 and 14:
14. In this endeavor, Coughlin Stoi
Page 15 and 16:
17. Lead Counsel prosecuted the lit
Page 17 and 18:
[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 and 70: 4. Motions to Intervene Additional
Page 71 and 72: Gramm, Jaedicke, LeMaistre, Meyer,
Page 73 and 74: professionals and experts, and atte
Page 75 and 76: 121. On May 7, 2003, the Outside Di
Page 77: of Enron’s prominence and magnitu
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
Page 121 and 122: 208. A two-day hearing was held reg
Page 123 and 124: Expert Entity Area of Opinion Dorri
Page 125 and 126: and is the basis for a presumption
Page 127 and 128: nature of Enron’s financial condi
Page 129 and 130:
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
Page 137 and 138:
egarding the §11 claims, which wer
Page 139 and 140:
proceeds for our settlement. Thus,
Page 141 and 142:
egarding the policies and he moved
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
Page 159 and 160:
pricing or trade volume data, estim
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 182 and 183:
TOP SECURITIES SETTLEMENTS Case Nam
Page 184 and 185:
Exhibit Listings and Notes regardin
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?