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

139. In responding to the document production requests, Lead Counsel argued Citigroup
had failed to comply with its discovery obligations because, among other reasons:
• Citigroup refused to search for or produce documents created after December 2, 2001, even
though documents created after Enron’s bankruptcy were highly relevant to the litigation;
• Citigroup had identified a group of several hundred persons who had “significant
involvement” in its relationship with Enron, but refused to search for or produce all
documents from these persons purportedly because it was too burdensome;
• Citigroup refused to restore and search e-mails stored on backup tapes or similar archival
media purportedly because it was too burdensome; and
• Citigroup refused to produce documents in the possession of Delta Energy Corporation, an
SPE created, controlled and funded by Citigroup to accomplish $2.4 billion in bogus prepays
with Enron.
140. Lead Plaintiff also initially sought the production of SEC transcripts and other
communications, along with corporate jet manifests, Enron-related expense documents, and other
information.
141. Though Lead Counsel’s document production requests sought a significant amount of
information, Lead Plaintiff argued any burden suffered in responding to the discovery was directly
proportional to Citigroup’s extensive involvement in the Enron fraud.
142. Citigroup opposed the request on March 2, 2004 (Docket No. 2011) (“Citi
Opposition”). Citigroup said it “welcomes discovery in the litigation,” but Lead Counsel’s requests
were “grossly” overbroad and would impose undue burden on Citigroup. Citi Opposition at 2, 5.
Citigroup argued it should not have to produce additional archived emails, other than what it had
already submitted to the Enron document depository, and further argued the costs of archived email
retrieval should be borne by Lead Plaintiff. Citigroup called the request for post-bankruptcy
documents an “open-ended demand” that was “patently unreasonable.” Id. at 19. Notably,
Citigroup agreed to produce the Delta-related documents and said the issue was now “moot.”
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