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

10. Requests for Admission
152. In addition to CIBC, Lead Counsel also served RFAs on other defendants, including
Merrill Lynch, Citigroup and Deutsche Bank. The RFAs demanded admissions concerning
particular Enron-related transactions, the existence of documents or evidence concerning the
transactions, transaction approval, trustworthiness of particular documents, compensation resulting
from the transactions, and communications with Enron auditor Andersen, and many other topics.
The RFAs successfully narrowed factual disputes concerning the transactions and disputes about the
evidence supporting Lead Plaintiff’s allegations concerning the fraudulent nature of the underlying
deals.
11. Lead Plaintiff Succeeds in Obtaining SEC and Bankruptcy
Deposition Transcripts
153. On October 31, 2003, Lead Counsel filed a motion to compel the financial institutions
to produce sworn statements and deposition transcripts given to Enron’s Bankruptcy Examiner
(Docket No. 1803). Lead Counsel explained the banks had recently filed a motion for protective
order with the bankruptcy court to keep the statements and transcripts hidden from Lead Plaintiff and
the Class.
154. Lead Plaintiff argued the district court, not bankruptcy court, was the proper forum to
determine whether the transcripts should be produced in the Enron securities litigation. Lead
Counsel had initially approached the Bankruptcy Examiner to obtain the transcripts, and Lead
Counsel followed up with document production requests to the financial institutions. The
Bankruptcy Examiner requested that Lead Plaintiff obtain the transcripts from the financial
institutions. The banks refused to produce the transcripts.
155. In its October 31, 2003 motion Lead Counsel argued the transcripts should be
produced because the sworn statements were relevant and neither privileged nor confidential. Lead
Counsel further argued the transcripts would streamline the oral depositions because “[t]here is no
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