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

need to ask the same witnesses the same questions again. With this information we can streamline
the depositions that we take.” Lead Plaintiff’s Motion to Compel the Banks to Produce the Sworn
Statements and Deposition Transcripts of Their Employees at 2. And Lead Counsel argued the
sworn statements were prior testimony that was discoverable and also admissible at trial as
impeachment evidence.
156. Lead Counsel succeeded in obtaining the sworn testimony. On March 15, 2004, the
Court ordered that all bank defendants “produce to Lead Plaintiff copies of all deposition transcripts
and/or sworn statements relating to the investigation by the Court Appointed Bankruptcy Examiner
in the Enron Bankruptcy.” 3/15/04 Order on Motions to Compel the Banks to Produce the Sworn
Statements and Deposition Transcripts of Their Employees (Docket No. 2021) at 5. The Court
agreed having the transcripts and statements would allow oral examinations to be streamlined, and
the statements could be used as “impeachment tools.” Id. The Court further agreed with certain of
the Outside Directors, who had argued fairness dictates that all parties have access to nonprivileged
information. The sworn statements were produced to the document depository and used by the
parties to narrow the oral examination topics and to impeach witnesses.
12. The Parties Agree to a Deposition Protocol Order
157. In addition to the establishing a document depository, Lead Counsel also was
instrumental in establishing orderly procedures for the oral examination of fact witnesses in the
litigation. These procedures conserved judicial and litigant resources, significantly reduced
scheduling conflicts, and maximized the efficient use of the discovery days allotted by the Court.
158. On March 11, 2004, the Court entered an order approving Lead Counsel’s and
counsel for the various defendants’ agreed-upon protocol governing oral depositions of fact
witnesses in the litigation (Docket No. 2018). The Deposition Protocol Order established
depositions would begin on June 2, 2004 and continue through November 30, 2005. The Deposition
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