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

Protocol Order provided for the orderly noticing and scheduling of depositions, the length of the
depositions, and limitation on deposition days
159. The Deposition Protocol Order also provided for the predesignation of deposition
content and documents, a key provision that facilitated the taking of myriad depositions involving
hundreds of thousands of exhibits. The Order further established protocols for the taking of Fifth
Amendment depositions by witnesses who intended to assert their right to not answer questions
under oath.
160. The Deposition Protocol Order was a remarkable achievement and an important
agreement and compromise among highly adversarial parties with, literally, billions of dollars at
stake. It conserved litigant resources, prevented the Court from being unnecessarily involved in
discovery disputes, and allowed for the orderly oral examination of hundreds of fact witnesses in the
litigation.
13. Compelling Knowledgeable Rule 30(b)(6) Witnesses to Appear
for Deposition
161. On September 12, 2005, Lead Plaintiff and Lead Counsel joined other plaintiffs in a
motion to compel defendant Deutsche Bank to produce knowledgeable Rule 30(b)(6) deponents and
to refrain from improperly coaching witnesses during deposition (Docket No. 341 in Case No. H-02-
1446). Lead Counsel argued Deutsche Bank’s Rule 30(b)(6) designee concerning Enron transactions
had never worked at Deutsche Bank, did not work on the Enron-related transactions, had not
reviewed important documents concerning the transactions, and was unprepared to respond to
questions concerning the transactions. Lead Counsel also complained about the improper coaching
of witnesses, violating the Deposition Protocol Order as well as the federal discovery rules.
162. On November 2, 2005, the Court ruled in Lead Plaintiff’s and Lead Counsel’s favor
(Docket No. 364 in Case No. H-02-1446). The Court ordered Deutsche Bank to “designate and
present a knowledgeable 30(b)(6) witness on each and every one of the matters and transactions
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