In Re: Enron Corp Securitie, et al v. , et al
| DK Acquisitions Partners, Newby Plaintiffs, The Regents of the University of California, American National Insurance Company, Westboro Properties LLC, Ravenswood Capital - I, L.L.C., The Variable Annuity Life Insurance Company, UniCredito Italiano Spa, Fleming & Associates LLP, Bayerische Landesbank, Paul Okomo, Tittle Plaintiffs, Connecticut Resources Recovery Authority, Yosemite Securities Trust I and Nathaniel Pulsifer |
| Bank Defendants, Vinson & Elkins LLP, Deutsche Bank Trust Company Americas, Kenneth L Lay, Deutsche Banc Securities Inc, Deutsche Bank AG, Michael J Kopper, JPMorgan Chase & Co, Enron Corp, Newby & Tittle Defendants and Outside Directors Enron |
| Moody's Corp, Northern Border Partners LP, Settlement Class Members, Citrus Corp and Joe H Walker |
| Judicial Panel Multidistrict Litigation |
| Reinhardt Lange and Mike Lange |
| James Bouillion |
| Enron Corp Securities, Derivative & "ERISA" Litigation |
| Deposition Scheduling Committee, Algis V. Plioplys and Sierra Pacific Resources and Nevada Power Company |
| 4:2002md01446 |
| April 16, 2002 |
| US District Court for the Southern District of Texas |
| Melinda Harmon |
| Securities/Commodities |
| None |
Docket Report
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| Filing 473 Clerks Notice regarding CMECF notice returned undeliverable from zimmern@netzero.net on the account of Kenneth Andrew Zimmern. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 472 Clerks Notice regarding CMECF notice returned undeliverable from rcook@nickenskeeton.com on the account of Ronald Earl Cook. The referenced notice was sent prior to you changing your email address, filed. (tferguson, ) |
| Filing 471 Clerks Notice regarding CMECF notice returned undeliverable from rcook@nickenskeeton.com on the account of Ronald Earl Cook. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 470 Clerks Notice regarding CMECF notice returned undeliverable from jnickens@nickenskeeton.com on the account of Jacks C Nickens. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
Filing 469
ORDER Re ALGIS V. PLIOPLYS denying #454 Motion to Reinstate.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )
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| Filing 468 Mail Returned Undeliverable as to attorney Jonathan H Waller as to Sierra Pacific Resources and Nevada Power Company re: #456 Notice re Undeliverable Email, filed. (thanniable, ) Updated address and re-noticed document |
| Filing 467 Mail Returned Undeliverable as to attorney Malcolm Leonard McCune as to Enron Corp Securities, Derivative & "ERISA" Litigation re: #461 Notice re Undeliverable Email. Updated address, re-sent notice, filed. (gkelner, ) |
| Filing 466 Mail Returned Undeliverable as to attorney William Kelly Puls re: #464 Notice re Undeliverable Email, filed. (mmapps, ) |
| Filing 465 Letter from Jim Hartnett re: removing attorney from service list, filed. (mmapps, ) |
| Filing 464 Clerks Notice regarding CMECF notice returned undeliverable from kelly@pllawpc.com on the account of William Kelly Puls. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 463 Clerks Notice regarding CMECF notice returned undeliverable from michael.lawson@morganlewis.com on the account of Michael John Lawson. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 462 Clerks Notice regarding CMECF notice returned undeliverable from edwardcochran@adelphia.net on the account of Edward W Cochran. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 461 Clerks Notice regarding CMECF notice returned undeliverable from mmccune@blackburnandmccune.com on the account of Malcolm Leonard McCune. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 460 Clerks Notice regarding CMECF notice returned undeliverable from admindesk@kaiserconrad.com on the account of Jeffery B Kaiser. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 459 Clerks Notice regarding CMECF notice returned undeliverable from maedwards@lockelord.com on the account of Kenneth E McKay. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 458 Clerks Notice regarding CMECF notice returned undeliverable from rsussman@lockelord.com on the account of Robert J Sussman. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 457 Clerks Notice regarding CMECF notice returned undeliverable from trechen@pepehazard.com on the account of Thomas J Rechen. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 456 Clerks Notice regarding CMECF notice returned undeliverable from jwaller@cwp-law.com on the account of Jonathan H Waller. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 455 Clerks Notice regarding CMECF notice returned undeliverable from rspeirs@zsz.com on the account of Richard A Speirs. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) |
| Filing 454 MOTION for Reinstatement, Admission of Facts and Ex-Parte Motion for Order for Relief Concerning Algis V Plioplys by Algis V. Plioplys, filed. Motion Docket Date 9/4/2012. (Attachments: #1 Proposed Order)(glyons) |
| Filing 453 NOTICE of Firm Name Change by The Regents of the University of California, filed. (Greenberg, Roger) |
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Filing 452
ORDER granting #446 Unopposed MOTION Revoke Request for Exclusion from Newby Settlement Classes.(Signed by Judge Melinda Harmon) Parties notified.(sjones, )
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Filing 451
ORDER Dismissing claims with prejudice and without costs or attorney fees.(Signed by Judge Melinda Harmon) Parties notified.(sjones, )
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| Filing 450 NOTICE of Dismissal as to Robert Belfer; Norman Blake; Ronnie Chan; Jon Duncan; Paulo Ferraz Pereira; Joe Foy; Wendy Gramm; Ken L. Harrison; Robert Jaedicke; Charles LeMaistre; Rebecca mark-Jusbasche; John Mendelsohn; Jerome Meyer; Frank Savage; John Urquhart; John Wakeham; Charls Walker; Bruce Willison; and Hebert Winokur by Paul Okomo, filed. (sjones, ) |
| Filing 449 RESPONSE to #446 Unopposed MOTION Revoke Request for Exclusion from Newby Settlement Classes, filed by The Regents of the University of California. (Attachments: #1 Exhibit A)(Greenberg, Roger) |
| Filing 448 PROPOSED ORDER - CERTIFICATE OF SERVICE re: #446 Unopposed MOTION Revoke Request for Exclusion from Newby Settlement Classes, filed.(Krinsk, Jeffrey) |
| Filing 447 PROPOSED ORDER REVOKING PAUL OKOMOS REQUEST FOR EXCLUSION FROM NEWBY SETTLEMENT CLASSES re: #446 Unopposed MOTION Revoke Request for Exclusion from Newby Settlement Classes, filed.(Krinsk, Jeffrey) |
| Filing 446 Unopposed MOTION Revoke Request for Exclusion from Newby Settlement Classes by Paul Okomo, filed. Motion Docket Date 4/23/2009. (Krinsk, Jeffrey) |
| Filing 445 Letter from attorney Donald A Wall requesting removal of himself and Squire Sanders & Dempsey LLP from future communications, filed. (ltien, ) |
| Filing 444 Letter from Simpson Thacher & Bartlett LLP requesting removal of attorney Bruce Angiolillo from all notification in all Enron-related cases, filed.(ltien, ) |
| Filing 443 NOTICE of Withdrawal of Appearance of Matthew L. Tuccillo by Nathaniel Pulsifer, filed. (Greenberg, Roger) |
| Filing 442 JPML CONDITIONAL REMAND ORDER (certified copy) transferring case 4:03cv5808 to Eastern District of Pennsylvania to be included in MDL Docket No. 1446. (ltien, ) |
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Filing 441
ORDER granting #439 Motion to Withdraw as Attorney. Attorney John A Lowther terminated.(Signed by Judge Melinda Harmon) Parties notified.(ypippin, )
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| Filing 440 PROPOSED ORDER re: #439 MOTION for John A. Lowther to Withdraw as Attorney, filed.(Greenberg, Roger) |
| Filing 439 MOTION for John A. Lowther to Withdraw as Attorney by The Regents of the University of California, filed. Motion Docket Date 7/29/2008. (Greenberg, Roger) |
| Document(s) Sent by FedEx to JPMDL Clerk; Tracking Number 863398983689 re: #438 Order, #437 Opinion & Order. (kmurphy, ) |
| Filing 438 RECOMMENDATION OF REMAND TO JPMDL re: CA H 04-324 Unicredito Italiano Spa and Bank Bolska Kasa Opieki SA vs. J.P. Morgan Chase Bank et al.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, ) |
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Filing 437
OPINION AND ORDER re: CA 04-324 (#158) Unicredito Italiano SpA and Bank Polska Kasa Opieki's motion for recommendation of remand is granted; recommendation will issue by separate instrument. CA H 03-3393 (#217) and CA H 05-3031 (#148) Motions to change venue to Southern District of New York are granted, provided JPMDL remands Unicredito. Until the Panel issues its decision, DK Acquisition and Avenue Capital are stayed.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 436 Mail Returned Undeliverable as to attorney Keith Carter Hannigan re: #426 Order on Motion to Withdraw as Attorney, filed. (esmith, ) |
| Filing 435 MOTION for Johnathan T Suder to Withdraw as Attorney by Enron Corp Securities, Derivative & "ERISA" Litigation, filed. Motion Docket Date 11/27/2007. (dbiagas, ) |
| Filing 434 Mail Returned Undeliverable as to attorney Guy C Quinlan re: #426 Order on Motion to Withdraw as Attorney, filed. (tcampbell, ) |
| Filing 433 Mail Returned Undeliverable as to attorney Robert S Banks, Jr re: #426 Order on Motion to Withdraw as Attorney, filed. (tcampbell, ) |
| Filing 432 Mail Returned Undeliverable as to attorney Robert S Banks, Jr re: #427 Order on Motion to Withdraw as Attorney, filed. (dpower, ) |
| Filing 431 Letter from Mildred Morris re: removing name frm the certificate of service, filed. (dbiagas, ) |
| Filing 430 Letter from Mildred M Morris re: Remove name from the certificate of service, filed. (dbiagas, ) |
| Filing 429 Letter from John C. McDonald re: removal from service list, filed. (rvazquez, ) |
| Filing 428 NOTICE to Withdraw as Attorney J D Lee,PLLC re: #426 Order on Motion to Withdraw as Attorney by Enron Corp Securities, Derivative & "ERISA" Litigation, filed. (dbiagas, ) |
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Filing 427
ORDER granting #424 Motion to Withdraw as Attorney. Attorney William S Lerach terminated.( Signed by Judge Melinda Harmon ) Parties notified.(bgoolsby, )
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Filing 426
ORDER granting #422 Motion to Withdraw as Attorney. Attorney Matthew P Siben terminated.( Signed by Judge Melinda Harmon ) Parties notified.(bgoolsby, )
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| Filing 425 PROPOSED ORDER re: #424 MOTION for William S. Lerach to Withdraw as Attorney, filed.(Greenberg, Roger) |
| Filing 424 MOTION for William S. Lerach to Withdraw as Attorney by The Regents of the University of California, filed. Motion Docket Date 10/22/2007. (Greenberg, Roger) |
| Filing 423 PROPOSED ORDER re: #422 MOTION for Matthew P. Siben to Withdraw as Attorney, filed.(Greenberg, Roger) |
| Filing 422 MOTION for Matthew P. Siben to Withdraw as Attorney by The Regents of the University of California, filed. Motion Docket Date 10/22/2007. (Greenberg, Roger) |
| Filing 421 NOTICE of Firm Name Change re Coughlin Stoia Geller Rudman & Robbins LLP by The Regents of the University of California, filed. (Greenberg, Roger) |
| Filing 420 NOTICE of MASTER LIST of Motions Not Affected By Fifth Circuit Ruling Regarding Section 10 Liability by Outside Directors Enron, filed. (Ross, Brian) |
| Filing 419 NOTICE Notice to All Parties in All Pending Enron Tagalong and Coordinated Cases by Outside Directors Enron, filed. (Ross, Brian) |
| Filing 418 Letter to USDC SDNY requesting transfer of case 1:06-7082 for inclusion in MDL 1446 with certified copy of Conditional Transfer Order from JPML , filed. (ddar, ) |
| Filing 417 Letter from JPML and certified copy of CONDITIONAL TRANSFER ORDER (CTO-34) re: MDL 1446 transferring Southern District of New York Case 1:06-7082 Silvercreek Management Inc et al v CIBC World Markets Inc et al to the Southern District of Texas, filed. (ddar, ) |
| Filing 416 NOTICE of Submission of Letter by Settlement Class Members, filed. (Kieve, Loren) |
| Filing 415 THIS ENTRY IS COPY OF 1217 minutes filed in Tittle, 01-3913, Minute Entry for proceedings held before Judge Melinda Harmon. FINAL APPROVAL HEARING held on 7/24/2006, as to Northern Trust. Appearances:See attached for Appearances.(Court Reporter: Cher Barron), filed.(htippen, ) |
| Filing 414 Mail Returned Undeliverable as to attorney James G Green, Jr re: #411 Clerk's Notice , filed. (sbyrum, ) |
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Filing 413
ORDER striking #403 Reply to Response to Motion. Pleading does not comply with Order No. 4018 in CV 01-3624 issued 10/11/05.( Signed by Judge Melinda Harmon ) Parties notified.(ltien, )
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| Filing 412 Opposition of Bank Defendants to Third-Party Defendant Michael Krautz' Motion for Leave to Take Fact Depositions by JPMorgan Chase & Co, Deutsche Banc Securities Inc, Deutsche Bank AG, Deutsche Bank Trust Company Americas, filed. (Attachments: #1 Certificate of Service)(Simms, Nicholas) |
| Filing 411 CLERKS NOTICE of Entry of Orders on Class Certification. Parties notified, filed. (rwestmoreland, ) |
| Filing 410 Mail Returned Undeliverable as to attorney Kathleen P Kelly re: #390 Order, , filed. (sbyrum, ) |
| Filing 409 Mail Returned Undeliverable as to attorney John H Boone re: #395 Order,, , filed. (swhite) |
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Filing 408
ORDER OF COORDINATION into MDL 1446. Lead Case No. 4:01cv3624 Mark Newby et al vs Enron Corporation and Member Case No. 4:06cv1785.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 407 Mail Returned Undeliverable as to attorney James G Green, Jr re: #395 Order,, , filed. (csonnier, ) |
| Filing 406 Mail Returned Undeliverable as to attorney James N Benedict re: #395 Order,, , filed. (RTS)(sguevara, ) |
| Filing 405 Minute Entry for proceedings held before Judge Melinda Harmon. FINAL SETTLEMENT CONFERENCE held on 5/24/2006. Appearances: See Attached. (Court Reporter: Fred Warner) Ref CA H 03-2240 Conseco Annuity Assurance Co vs Citigroup et al; CA H 02-3401 Washington State Investment Board et al; CA H 01-3624 Newby et al vs Enron Corp et al. Final Settlement hearing held as to the Citigroup defendants, CIBC defendants, and JP Morgan Chase defendants. Objections as stated on the record. Amended Orders of Final Judgment and Dismissal executed on the record. Plaintiff's request for Order awarding partial reimbursement of lead plaintiff's expenses is granted.(kmurphy, ) |
| Filing 404 Mail Returned Undeliverable as to attorney Robert Q Keith re: #395 Order,, , filed. (mkallie, ) |
| Filing 403 REPLY to Response to #394 MOTION to Amend, filed by Joe H Walker, et al. (thanniable, ) |
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Filing 402
ORDER: The Financial Institutions and Enron Corp #394 Motion with Respect to Certain Discovery Deadlines in the Cases Coordinated or Consolidated with Newby or Tittle and in Enron Corp v. Citigroup Inc, No. 03-09266 (SDNY. Bankr), along with responses and replies is DENIED.( Signed by Judge Melinda Harmon ) Parties notified.(psmith, )
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| Filing 401 Mail Returned Undeliverable as to attorney Kristin L Myles re: #390 Order, , filed. (mperales, ) |
| Filing 400 REPLY in Support of #394 MOTION to Amend, filed by Enron Corp Securities, Derivative & "ERISA" Litigation, JPMorgan Chase & Co, Deutsche Banc Securities Inc, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Enron Corp. (Simms, Nicholas) |
| Filing 399 RESPONSE to #394 MOTION to Amend, filed by Vinson & Elkins LLP. (ejuarez, ) |
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ORDER COORDINATING Civil Action H-06-1465 into Civil Action H-01-3624 and MDL--1446, filed. (nochsner, )
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| Filing 398 Mail Returned Undeliverable as to attorney Robert Q Keith re: #390 Order, , filed. (kejones, ) |
| Filing 397 Opposed RESPONSE to #394 MOTION to Amend, filed by American National Insurance Company, Bayerische Landesbank, Connecticut Resources Recovery Authority, DK Acquisitions Partners, Ravenswood Capital - I, L.L.C., Yosemite Securities Trust I, Westboro Properties LLC. (Elkin, Jeffrey) |
| Filing 396 Mail Returned Undeliverable as to attorney Sean M Murphy re: #390 Order, , filed. (mkallie, ) |
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Filing 395
ORDER on the Request for Expedited Consideration of the Financial Institutions and Enron Corp. for their Motion with Respect to Certain Discovery Deadlines in the cases coordinated or consolidated with Newby or Tittle and in Enron Corp. v. Citigroup Inc., No. 03-09266 (S.D.N.Y. Bankr.)is GRANTED. Any Opposition to said motion shall be filed by May 15, 2006, and replies shall be filed May 19, 2006. ( Signed by Judge Melinda Harmon ) Parties notified.(espencer, ) Modified on 5/9/2006 (espencer, ).
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| Filing 394 MOTION with Respect to Certain Discovery Deadlines and REQUEST for Expedited Consideration by JPMorgan Chase & Co, Deutsche Banc Securities Inc, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Enron Corp, filed. Motion Docket Date 5/25/2006. (Attachments: #1 Proposed Order)(Simms, Nicholas) Modified on 5/22/2006 (ltien, ). |
| Filing 393 Mail Returned Undeliverable as to attorney James N Benedict re: #390 Order, , filed. (ledwards, ) |
| Filing 392 NOTICE of Change of Address by Steven F Helfand, Helfand Law Offices, counsel for Consolidated Plaintiff John W Davis in Enron Corp Securities, Derivative & "ERISA" Litigation (H 02-3401, H 03-2240), filed. (ddarneille, ) |
| Filing 391 NOTICE of Change of Address by James E Coleman, Jr of Carrington, Coleman, Sloman & Blumenthal LLP, counsel for Kenneth L Lay, filed. (H 01-3624, H 01-3913, H 01-3645 and member case H 02-3939)(ddarneille, ) |
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Filing 390
COPY OF ORDER #1179 IN H-01-3913. Order Preliminarily Approving Partial Settlement with Northern Trust, Conditionally Certifying Class for Purposes of Settlement, Approving Form and Manner of Notice, and Scheduling Hearing on Fairness of Settlement Pursuant to Federal Rule Civil Procedure 23(E).( Signed by Judge Melinda Harmon ) Parties notified.(espencer, )
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| Filing 389 COPY OF Minute Entry for proceedings held before Judge Melinda Harmon. Proceedings held on 4/20/2006. MOTION for Settlement in H-01-3913. Final Hearing on Settlement set for July 24, 2006 at 1:30 p.m. Appearances:See Attached Appearance Sheet.(Court Reporter: Bruce Slavin), filed.(espencer, ) |
| Filing 388 MOTION to Amend July 11, 2003 Scheduling Order by JPMorgan Chase & Co, Deutsche Banc Securities Inc, Deutsche Bank AG, Deutsche Bank Trust Company Americas, filed. Motion Docket Date 5/8/2006. (Attachments: #1 Proposed Order)(Simms, Nicholas) Modified on 4/18/2006 (htippen, ). |
| Filing 387 Certified Mail Receipt Returned as to USDC - SDNY, executed on 3/27/06 , filed. (espencer, ) |
| Filing 386 TRANSFER LETTER Request to Southern District of New York CA 1:05-8743 Westpac Banking Corp vs Citibank NA and CA 1:05-6939 Westpac Banking Corp vs Citibank NA requesting case files be transferred to be included in MDL 1446.(kmurphy, ) |
| Filing 384 Minute Entry for proceedings held before Judge Melinda Harmon. CLASS CERTIFICATION HEARING held on 3/8/2006. Hearing continued on 1445 . Lead Plaintiff's Amended Motion For Class Certification. Appearances as stated on the record. Argument heard. Exhibits admitted. Final argument. The Court will take the matter under advisement. Appearances:see attached appearance list.(Court Reporter: S. Carlisle-Neisser), filed.(ghassan, ) |
| Filing 383 Minute Entry for proceedings held before Judge Melinda Harmon. CLASS CERTIFICATION HEARING held on 3/7/2006. Hearing held on 1445 . Lead Plaintiff's Amended Motion For Class Certification. Appearances as stated on the record. Argument heard. Exhibits and witnesses presented for the record. Hearing will continue on 03/08/06 at 9:00 a.m. Appearances:See attached appearance list.(Court Reporter: S. Carlisle-Neisser), filed.(ghassan, ) |
| Filing 385 JPML TRANSFER ORDER (certified copy) transferring USDC Southern District of New York Case 1:05-6939 Westpac Banking Corp vs Citibank NA for inclusion in the coordinated or consolidated pretrial proceedings in to MDL 1446 Enron Corp Securities, Derivateive & ERISA Litigation. (kmurphy, ) |
| Filing 382 Minute Entry for proceedings held before Judge Melinda Harmon. Hearing held on ([#4433]) Motion for Prelimiinary Approval of Proposed Settlements with Citigroup Inc. The Court preliminarily approves the settlements. Order amending Notice of Pedency and partial Settlement of Class Actions and Orders Preliminarily approving Settlement executed on the record. Final fairness hearing set 5/24/2006 at 9:00 a.m.MOTION HEARING held on 2/22/2006. Appearances:See Attached List.(Court Reporter: June Simon), filed.(lfilmore, ) |
| Filing 381 Minute Entry for proceedings held before Judge Melinda Harmon. MOTION HEARING held on 1/12/2006 on Tittle Pltfs' Motion for Class Certification. Presentation & arguments by counsel. Northern Trust is granted leave to supplement the record by 1/20/06. Pltfs to respond by 1/27/06. Appearances: Linda L Addison, Thomas E Bilek, Aundrea Kristine Frieden, Michael Kenan Oldham, Lynn Lincoln Sarko, Britt L Tinglum, Zachary W L Wright. See list attached to minutes for additional counsel present.(Court Reporter: A. Manley), filed.(djustice, ) |
| Filing 380 (THIS IS A DUPLICATE OF 4397 MINUTES IN 01-3624] - Minute Entry for proceedings held before Judge Melinda Harmon. TELEPHONE CONFERENCE held on 1/11/2006. Defts' Expert Report and rebuttal to Pltfs' Expert Report due by 02/08/06. The Class Certification Hearing set 01/17/06 is RESET TO 02/27/06 at 9:30 a.m. at Courtroom 9C before Judge Melinda harmon. Appearances:See Attached For Appearances.(Court Reporter: Stephanie Carlisle), filed.(htippen, ) |
| Filing 379 Mail Returned Undeliverable as to attorney Edward W Cochran re: #376 Clerks Notice , filed. (ypippin, ) |
| Filing 378 Mail Returned Undeliverable as to attorney Sean M Murphy re: #376 Clerks Notice , filed. (ypippin, ) |
| *** Civil Action No. H-03-3947 has been dismissed per order #81. Civil Action No. H-03-1219 has been dismissed per order #72.(ltien, ) |
| Filing 376 CLERKS NOTICE re: #373 Order on Motion for Miscellaneous Relief. Parties notified, filed. (rwestmoreland, ) |
| Filing 377 JPMDL CONDITIONAL TRANSFER ORDER 33 (certified copy) transferring SD New York 1:05-8743 Westpac Banking Corp vs Citibant NA to be included in MDL 1446 Enron Corp Securities et al. (kmurphy, ) |
| Filing 375 STIPULATION & ORDER dismissing Action CA H 04-1648 City of Montgomery, Alabama Employees' Retirement System vs Kenneth Lay et al. (Ref CA 04-1648 #41). (kmurphy, ) |
| *** Civil Action No. H-03-1241 has been dismissed per orders #114, #117 and #118. Civil Action No. H-02-3869 has been dismissed per orders #153 and #156. Civil Action No. H-03-1248 has been dismissed per orders #37, #40 and #41. Civil Action No. H-02-4080 has been dismissed per orders #94, #97 and #98. (ltien, ) |
| Filing 374 Sixth Quarterly Report To The Courts On The Progress Of The Deposition Progress by Bank Defendants, filed.(ctaylor, ) |
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Filing 373
ORDER granting Enron Corp's #371 Motion for Confidentiality.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 372
ORDER OF DISMISSAL of Ca H 05-981 Sierra Pacific Resources et al vs Citigroup Inc. et al.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 371 UNOPPOSED MOTION for Confidentiality by Enron Corp, filed. Motion Docket Date 12/5/2005. (Attachments: #1 Proposed Order; #2 Affidavit Marisa Bascope;#3 Continuation Affidavit of Marisa Bascope;#4 Exhibit Declaration of Angel Esguerra)(jmarchand, ) |
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Filing 370
(COPY OF 4162 ORDER IN CA H-01-3624) ORDER REGARDING PRESUMPTIVE DOCUMENT AUTHENTICITY AND PRESUMPTIVE BUSINESS RECORDS granting ( 4098 in CA 01-3624) Motion Of Lead Plaintiff, The Private Action Plaintiffs, The Tittle Plaintiffs, The Department of Labor, Enron Corp., The Committee of Unsecured Creditors of Enron Corp., and the Financial Institution Dependants For Entry Of An Order Regarding Presumptive Document Authenticity And Presumptive Business Records.( Signed by Judge Melinda Harmon, Jointly signed by United States Bankruptcy Judge Arthur J Gonzalez) Parties notified.(htippen, )
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| Filing 369 MOTION for Motion Hearing re: #348 MOTION for Clarification, #350 MOTION for Discovery MOTION to Expedite Consideration MOTION to Expedite Consideration by Bank Defendants, filed. Motion Docket Date 11/29/2005. (Attachments: #1 Proposed Order)(rwestmoreland, ) |
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Filing 368
ORDER Amending Expert Discovery Schedule in the Cases Coordinated & Consolidated with Newby & Tittle.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 367
OPINION AND ORDER on #348 (Ref #3888 CA H 01-3624)Motions for Clarification of Scheduling Order and #349 and #350 Motion with Respect to Expert Discovery in Consolidated and Coordinated Cases.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 366
ORDER as to motions for class certification (#1445 in H-01-3624, #447 in H-01-3913). Plaintiffs in each action shall file by 11/30/05 a summary of no more than five pages identifying the issues still viable that need to be addressed. Counsel in the Tittle action shall appear for a class certification hearing on 1/12/06 at 1:30pm in Courtroom 9C. Counsel in the Newby action shall appear for a class certification hearing on 1/17/06 at 9:30am.( Signed by Judge Melinda Harmon ) Parties notified.(ltien, )
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| Filing 365 RESPONSE in Opposition to MOTION for Entry of an Order Regarding Presumptive Document Authenticity and Presumptive Business Records and Request for Expedited Consideration (Newby Instrument No. 4098) (Sumoski, Diane) Title of entry corrected on 11/15/2005 (ltien, ). Refer to Civil Action No. H-01-3624 #4131. |
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Filing 364
ORDER ON PLAINTIFFS' MOTION TO COMPEL (Westboro #14) AND PLAINTIFFS MOTION TO COMPEL DEUTSCHE BANK TO REFRAIN FROM INSTRUCTING WITNESSES DURING QUESTIONING (MDL 1446)- granting (#14 in CA H-03-1276) Plaintiff's Motion to Compel Deutsche Bank is to designate and present a knowledgeable 30(b)(6) witness on each and every one of the matters and transactions previously noticed. It is further ORDERED that #341 Plaintiff's Motion to Compel Deutsche Bank to Refrain from Instruction Witnesses During the Questioning is GRANTED. Given the fact that time for discovery is drawing to a close, it may be necessary for the parties to take this additional deposition after 11/30/05. The Court authorizes the taking of this additional deposition as soon as possible, even if it must be taken after the close of discovery.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, )
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| Filing 362 TRANSCRIPT of Telephone Conference Call held on 10/7/2005, before Judge Melinda Harmon. ORIGINAL TRANSCRIPT IS FILED IN C.A. H-01-3913. Court Reporter: K. Metzger , filed. (dclark, ) |
| Filing 363 Reply Brief in Support of #341 Joinder in #340 MOTION to Compel Deutsche Bank to refrain from improperly instructing witnesses during questioning, filed by The Regents of the University of California, The Variable Annuity Life Insurance Company. (ltien, ) |
| Filing 361 Reply to Response to #350 MOTION for Discovery MOTION to Expedite Consideration MOTION to Expedite Consideration, filed by Bank Defendants. (McMahon, Kerry) |
| Filing 360 RESPONSE and PARTIAL JOINDER to #349 Response to Motion, filed by Private Action Plaintiffs.(kmurphy, ) |
| Filing 359 RESPONSE to #348 MOTION for Clarification, #350 MOTION for Discovery MOTION to Expedite Consideration MOTION to Expedite Consideration, filed by UniCredito Italiano Spa. (Attachments: #1 Proposed Order)(ypippin, ) |
| Filing 358 Reply to Objections to #341 MOTION to Compel filed by Westboro Properties LLC. et al. (kmurphy, ) |
| Filing 356 COPY/Notice of Minute Entry for proceedings held before Judge Melinda Harmon in CA 01-3913, Pamela Tittle, et al vs Enron Corp., et al. Peliminary Approval Hearing held on 10/12/2005 on Tittle Plaintiff's Notice of Motion and Motion For Order Preliminarily Aproving Proposed Partial Settlement With Arthur Andersen and David Duncan, 1085 in Tittle. Order executed on the record. Final Fairness Hearing set 12/20/05 at 2:00 p.m. Appearances:See Attached for Appearances.(Court Reporter: Cher Barron), filed.(htippen, ) |
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Filing 355
ORDER - As this litigation has grown longer and larger, there are increasing problems maintaining an orderly docketing of pleadings. The Court strongly encourages parties to file court pleadings electronically; Filing on the ESL website does not constitute filing it with the Court and the 20-day submission date begins when a motion is filed with the Court; Every document filed in response to another submission MUST IDENTIFY IT ITS TITLE the instrument number of the original motion; Responses, replies, and surreplies should be filed in the same case as the motion to which they refer was filed; If pleadings are filed that do not conform to this order, the Court ORDERS that the docket clerks are hereby authorized to strike them.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, )
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| Filing 357 Telephone Conference Call held before Judge Melinda Harmon. Proceedings held on 10/7/2005 regarding 4021 LETTER MOTION for Conference concerning depositions of certain Deutsche Bank witnesses and Deft Northern Trust's Motion for Discovery Conference 1099 (CA H 01-3913 Tittle et al vs Enron Corp et al). The Court Orders Deutsche to make the witnesses available on the day they were subpoenaed or to work out other dates. On the Northern Trust Motion in the Tittle matter, if the parties are not able to resolve their issues, the Court will address the matter at the close of the settlement hearing on Wednesday, 10/12/05. Appearances:See Attached.(Court Reporter: Anita Manley), filed.(kmurphy, ) |
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Filing 354
ORDER re CA H 04-1060 ESI Sky River LP et al vs Fastow et al 82 Joint MOTION to Dismiss Case. Defts are Dismissed Without Prejudice. Case terminated.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy,
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Filing 353
ORDER of Coordination of Wilkens et al vs Merrill Lynch & Co Inc et al CA H 05-3310 into Newby et al vs Enron Corporation CA H 01-3624, MDL 1446 Enron Securities Derivative & ERISA Litigation.( Signed by Judge Melinda Harmon ) Parties notified. Modified on 10/6/2005 (kmurphy, ).
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Filing 352
ORDER of COORDINATION of CA H 05-3031 Avenue Capital Management II LP et al vs JP Morgan Chase & Co et al tranferring to the docket of Melinda Harmon and is designated as a coordinated case in conjunction with Newby CA H 01-3624 and Enron MDL 1446. ( Signed by Judge Melinda Harmon ) Parties notified. (kmurphy, ) ( Signed by Judge Melinda Harmon ) Parties notified.
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| Filing 351 MEMORANDUM in Opposition to #341 Joinder in #340 MOTION to Compel, filed by Deutsche Banc Securities Inc, Deutsche Bank AG, Deutsche Bank Trust Company Americas. (Attachments: #1 Declaration#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H#10 Exhibit I#11 Exhibit J#12 Exhibit K)(Androphy, Joel) Modified on 10/6/2005 - linked to #340 (ltien, ). |
| Filing 350 MOTION with Respect to Expert Discovery in All Cases Consolidated or Coordinated with Newby or Tittle and MOTION for Expedited Consideration by the Bank Defendants, filed. Motion Docket Date 10/17/2005. (Attachments: #1 Proposed Order) This entry is attached to the same document as #349 , this entry was made for case management purposes.(ltien, ) |
| Filing 349 RESPONSE to F&A Plaintiffs' #348 MOTION for Clarification of the court's scheduling order as it pertains to Private Action Plaintiffs, filed by the Bank Defendants. (Attachments: #1 Proposed Order)(ltien, ) |
| Filing 347 CLERKS NOTICE. Orders entered CA H 01-3624 3897, 3898, 3902, 3905, 3913, 3914 and 3915, 3916, 3917, & 3918 and CA H 01-3913 1075, 1076 and 1077. Parties notified. (kmurphy, ) |
| Filing 345 NOTICE of Change of Address by Lerach Coughlin Stoia Geller Rudman & Robbins LLP, counsel for Newby Plaintiffs, filed. (Greenberg, Roger) |
| Filing 346 Minute Entry for proceedings held before Judge Melinda Harmon. FAIRNESS HEARING held on 9/12/2005 Jointly By Video Conference with US Bankruptcy Judge Gonzales in New York. Hearing held on Tittle Pltf's Mtn For Final Approval of Partial Settlement (No. 1071 CA H 01-3913 ref member CA H 03-2257 Chao vs Enron) The parties presented to both Courts final settlement issues. Lynn Sarko for Tittle Pltfs addressed the settlement issues before Judge Harmon. Robin Perry appeared on behalf of the Dept of Labor. The Court approves the Tittle and Dept of Labor settlements, as stated on the record. Orders executed on the record, filed.(kmurphy, ) |
| Filing 342 PROPOSED ORDER re: #341 Joinder, filed.(Greenberg, Roger) Modified on 10/6/2005 (ltien, ). |
| Filing 341 Joinder in #340 Motion to Compel by Newby Plaintiffs, filed. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B-F)(Greenberg, Roger) Modified on 10/6/2005 - linked to #340 (ltien, ). |
| Filing 344 AFFIDAVIT of James J. Coster re: #343 Response in Opposition to Motion , filed. (Attachments: # 1 Tab E# 2 Tabs F & G# 3 Tab H# 4 Tab H# 5 tab I# 6 Tab I)(rroberts, ) Additional attachment(s) added on 9/12/2005 (rroberts, ). (Ref CA H 01-3624 4020) Modified on 10/12/2005 (kmurphy, ). |
| Filing 343 RESPONSE in Opposition to #340 MOTION to Compel Deutsche Bank produce witness for deposition, filed by Moody's Corp. (Attachments: #1 Proposed Order)(rroberts, ) (Ref CA H 01-3624 4019) Modified on 10/12/2005 (kmurphy, ). |
| Filing 340 MOTION to Compel Deutsche Bank produce witness for deposition by Westboro Properties, Stonehurst Capital Plaintiffs and the Lamkin Plaintiffs, filed. Motion Docket Date 9/28/2005. (CA Ref 03cv1276 #14)(kmurphy, ) Additional attachment(s) added on 10/6/2005 (ltien, ). Filers modified on 10/6/2005 (ltien, ). |
| Filing 348 MOTION for Clarification of the court's scheduling order as it pertains to Private Action Plaintiffs, by Fleming & Associates LLP, filed. Motion Docket Date 9/27/2005. (Attachments: #1 Proposed Order)(ltien, ) |
| Filing 339 RESPONSE to #338 Bank Defts' Fifth Quarterly Report on Depositions filed by Arthur Andersen LLP. (kmurphy, ) |
| Filing 337 CLERKS NOTICE re: Entry of Orders on CA H 01-3624 Newby #3860, 3861, 3862, 3863, 3864, 3872, 3876 and 3877 and CA H 01-3913 Tittle 1061. Parties notified, filed. (kmurphy, ) |
| Filing 338 FIFTH QUARTERLY REPORT to the Courts on the Progress of the Deposition Process by Bank Defendants, filed.(kmurphy, ) |
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Filing 336
COORDINATION ORDER of CA H 05-2787 Marsh vs Merrill Lynch & Co into CA H 01-3624 Newby et al vs Enron Corporation et al.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 335 TRANSCRIPT of hearing on deposition protocol order held on 7/28/05 before Judge Melinda Harmon. Court Reporter: Bruce Slavin , filed. (cpeebles) |
| Filing 334 LETTER to Clerk Eastern District of Missouri requesting case file of CA 4:05cv529 to be transferred to SDTX USDC Houston to be included in MDL 1446. (Attachments: #1 JPMDL Transfer Order (Certified)) (kmurphy, ) |
| Filing 333 JPMDL TRANSFER ORDER re: USDC Eastern District of Missouri CA H 05-529 Wilkens et al vs Merrill Lynch & Co Inc et al transferring case to be included in MDL 1446 Enron Corp Securities, Derivative & ERISA Litigation. (kmurphy, ) |
| Filing 332 TRANSCRIPT of preliminary approval hearing held on 7/27/05 before Judge Melinda Harmon. Court Reporter: Bruce Slavin , filed. (cpeebles) |
| Filing 331 (NOTE: This entry is duplicate of 3735 minutes in CA H-01-3624) Minute Entry for proceedings held before Judge Melinda Harmon. HEARING held on 7/28/2005. Andersen's objections are overruled. The Court will execute the Order jointly with U.S. Bankruptcy Judge Gonzalez. Appearances:See Attached For Appearances.(Court Reporter: Bruce Slavin), filed.(htippen, ) |
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Filing 330
(NOTE: This ORDER grants 1006 Mtn in CA H-01-3913) ORDER PRELIMINARY APPROVING PARTIAL SETTLEMENT CONDITIONALLY CERTIFYING CLASS FOR PURPOSES OF SETTLEMENT, APPROVING FORM AND MANNER OF NOTICE, AND SCHEDULING HEARING ON FAIRNESS OF SETTLEMENT PURSUANT TO FEDERAL RULE CIVIL PROCEDURE 23(E). .( Signed by Judge Melinda Harmon ) Parties notified.(htippen, )
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| Filing 329 Minute Entry for proceedings held before Judge Melinda Harmon. PRELIMINARY APPROVAL HEARING held on 7/27/2005, on Pltf's Motion 1006 in Pamela Tittle, et al vs Enron Corp., et al (01-3913). ORDER PRELIMINARILY APPROVING PARTIAL SETTLEMENT CONDITIONALLY CERTIFYING CLASS FOR PURPOSES OF SETTLEMENT, APPROVING FORM AND MANNER OF NOTICE, AND SCHEDULING HEARING ON FAIRNESS OF SETTLEMENT PURSUANT TO FEDERAL RULE CIVIL PROCEDURE 23(e). Appearances:See Attached For Appearances.(Court Reporter: Bruce Slavin), filed.(htippen, ) |
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Filing 328
Ref CA H 05-774 (State of Arkansas Teacher Retirement System et al vs Merrill Lynch & Co. et al) #80 OPINION AND ORDER OF REMAND granting #12 MOTION to Remand, mooting #72 MOTION to Expedite Consideration of Plaintiffs' Motion to Remand, #27 MOTION to Dismiss remains pending for a ruling by the state court.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy)
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Filing 327
Ref: CA G 05-12 (American National Insurance Company et al vs Credit Suisse First Boston Inc. et al) #14 OPINION AND ORDER OF REMAND granting #9 MOTION to Remand and mooting #8 MOTION for Extension of Time to Move, Answer or otherwise Respond to the Pltfs' Complaint( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 326 Certified Mail Receipt Returned as to Northern District of Ohio, executed on 7/14/2005 re: #325 Letter, , filed. (rwestmoreland, ) |
| Filing 325 TRANSFER LETTER REQUEST from Southern District of Texas- Houston Division to Clerk, Northern District of Ohio re: 1:05cv48 Marsh vs Merrill Lynch & Co Inc et al to be transfer to SDTX Houston per JPMDL Transfer Order for case to be included in MDL 1446 Enron Corp Securities, Derivative, ERISA Litigation. (kmurphy, ) |
| Filing 324 Minute Entry (Ref CA H 01-3624 #3687) for proceedings held before Judge Melinda Harmon, filed. MOTION HEARING held on 7/7/2005. Appearances: See Attached. (Court Reporter: Gayle Dye) Hearing held on #3529 Deft Andrew Fastow's Motion for Reconsideration of #3516 May 25, 2005 Order with Respect to Depositions Subject to Stay and Fifth Amendment Assertions and #3606 Deft Mark E. Koenig's Motion to Postpone Discovery and Stay Responsive Pleadings, and for Reconsideration of #3516 May 25, 2005 Order with Respect to Depositions Subject to Stays and Fifth Amendment Assertions. Oral objections by Enron Task Force. The Court heard further argument on the issue. Stay is lifted on Discovery. Parties to work out an Order. Issues under advisement will be heard on July 28, 2005 at 1:30 pm. Order to issue.(kmurphy, ) Modified on 7/8/2005 to Hearing date change (kmurphy, ). |
| Filing 323 JPMDL TRANSFER ORDER (certified copy) transferring Northern District of Ohio CA 1:05-48 Joseph Marsh vs Merrill Lynch & Co Inc et al to Southern District of Texas Houston to be included in MDL 1446 Enron Corp. Securities, Derivative & ERISA Litigation. (kmurphy, ) |
| Filing 322 Minute Entry (Ref CA H 01-3624 #3592) for proceedings held before Judge Melinda Harmon. MOTION HEARING held on 6/13/2005 on #3590 Arthur Andersen LLP's Motion to Stay the Order Granting the Texas State Board of Public Accountancy's Motion to Intervene pending appellate review and request for expedited consideration. Assistant Attorney General Charles McDonald appeared by telephone for the Texas Board of Public Accountancy. The Court will allow two weeks, until 6/27/05 for Arthur Andersen to pursue the appeal, as stated on the record. Counsel for Arthur Andersen to file status with the Court. Appearances:See attached.(Court Reporter: Johnny Sanchez), filed.(kmurphy, ) |
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Filing 321
ORDER OF COORDINATION Case #4:05cv1917 LJM2 Co-Investment LP et al vs Fastwo et al with # 4:01cv3624 Newby et al vs Enron Corp., et al.( Signed by Judge Melinda Harmon ) Parties notified. (Ref CA H 05-1917 #19 and CA H 01-3624 #3578) (kmurphy, )
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| Filing 320 CLERKS NOTICE re: #318 ORDER and #319 ORDER. Parties notified, filed. (rwestmoreland, ) |
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Filing 319
ORDER the hearing on 6/2/05 is CANCELLED in light of the #318 Agreed Order with Respect to Depositions Subject to Stays and 5th Amendment Assertions.( Signed by US District Judge Melinda Harmon and US Bankruptcy Judge Arthur J. Gonzalez) Parties notified.(kmurphy, ) Modified on 5/25/2005 (kmurphy, ).
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Filing 318
ORDER with Respect to Depositions Subject to Stays and Fifth Amendment Assertions. ( Signed by US District Judge Melinda Harmon and Bankruptcy Judge Arthur J. Gonzalez) Parties notified. (REF CA H 01-3624 #3490 Response/Motion; Order #3516, CA H 01-3913 #968)(kmurphy, )
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| Filing 317 JPMDL TRANSFER ORDER (certified copy) transferring LJM2 Co-Investment LP vs Andrew Fastow et al ND TX Bky Adversary 3:04-3565 and Merrill Lynch & Co Inc et al vs State of Arkansas Teacher Retirement System et al ND Ca 3:05-472 to the Southern District of Texas to be included in MDL 1446 Enron Corp Sercurities, Derivative & ERISA Litigation.(kmurphy, ) |
| Filing 316 CLERKS NOTICE re: Entry of Orders #314 and #315 . Parties notified, filed. (kmurphy, ) |
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Filing 315
ORDER OF COORDINATION CA H 05-1191 is coordinated into Newby CA H 01-3624.( Signed by Judge Melinda Harmon ) Parties notified. (REF CA 05-1191 #79 and CA H 01-3624 #3397)(kmurphy, )
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Filing 314
ORDER OF COORDINATION of G 05-221 into Newby CA H 01-3624 ( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, ) (REF CA G 05-221 #7 and CA H 01-3624 #3396)
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| Filing 313 CLERKS NOTICE re: Entry of Orders #311 #312 . Parties notified (kmurphy, ) |
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Filing 312
ORDER OF COORDINATION of CA H 05-1164 into Newby CA H 01-3624 (MDL 1446 Enron Corporation Securities, Derivative and ERISA Litigation) and mooting 4 Deft's MOTION to Consolidate Lead Case No. 01-3624 and Member Case No.05-1164, and granting 5 Deft's MOTION for Extension of Time To Move, Answer or Respond to Plaintiffs' Complaint and pleading is stayed.( Signed by Judge Melinda Harmon ) Parties notified. (Ref CA 05-1164 #7 and CA 01-3624 #3383)(kmurphy, )
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Filing 311
ORDER OF COORDINATION of CA H 05-1165 into Newby CA H 01-3624 (MDL 1446 Enron Corporation Securities, Derivative and ERISA Litigation) and mooting 4 Deft's MOTION to Consolidate Lead Case No. 01-3624 and Member Case No.05-1165, and granting 5 Deft's MOTION for Extension of Time To Move, Answer or Respond to Plaintiffs' Complaint and pleading is stayed.( Signed by Judge Melinda Harmon ) (Ref CA 05-1165 #6 and CA H 01-3624 #3382)Parties notified(kmurphy, )
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| Filing 310 CLERKS NOTICE re: Coordination Orders #306 #307 #308 #309 . Parties notified, filed. (kmurphy, ) |
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Filing 309
ORDER OF COORDINATION CA H 05-1207 Mirdjani et al vs Arthur Andersen et al is coordinated into CA H 01-3624 Newby et al vs Entron et al (MDL 1446), Case Reassigned to Judge Melinda Harmon. Judge Sim Lake no longer assigned to the case. (Case Ref CA H 05-1207 #23 and CA H 01-3624 #3361)( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 308
ORDER OF COORDINATION CA H 05-981 Sierra Pacific Resources et al vs Citigroup Inc et al into CA H 01-3624 Newby et al vs Enron Corporation et al (MDL 1446).(Case Ref CA H 05-981 #10 and CA H 01-3624 #3360)( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 307
ORDER OF COORDINATION CA H 05-0974 Public Utility District No 1 of Snohomish County Washington vs Citigroup et al into CA H 01-3624 Newby et al vs Enron Corporation et al (MDL 1446).(Case REF CA H 01-3624 #3359, CA H 05-974 #12)( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 306
ORDER OF COORDINATION CA H 05-774 State of Arkansas Teacher Retirement System et al vs Merrill Lynch & Co into CA H 01-3624 Newby et al vs Enron Corporation et al (MDL 1446).( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, ) (REF CA H 05-774 #69, CA H 01-3624 #3358)(kmurphy, )
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| Filing 305 Minute Entry for proceedings held before Judge Melinda Harmon. Proceedings held on 4/11/2005. Joint hearing held by US District Judge Melinda Harmon and US Bankruptcy Judge Arthur Gonzalez, Southern District of New York (Judge Gonzalez by video conference) on: 1) final approval of proposed Newby settlements regarding Outside Directors and Ken Harrison, Bank of America and Lehman, and the Official Creditors' Committee Settlement and on 2) motions for summary judgment concerning the use of the interpleader funds, and 3) motion to amend deposition protocol. The Court heard from the parties on the issues. Keith Parks's (for Lead Plaintiff) oral motion to withdraw 3 appendices filed 4/4/05 (no. 3313, 3314 and 3315) and substitute them with redacted versions is GRANTED as stated on the record. The matters addressed at the hearing are under advisement. Order to issue. Appearances:see attached.(Court Reporter: June Simon), filed.(ltien, ) Additional attachment(s) added on 4/14/2005 (ltien, ). |
| CA H 02-3401 Wahington State Investment Board et al vs Kenneth Lay et al closed. Ref #146 and 153 in CA H 02-3401.(kmurphy, ) |
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Filing 304
ORDER granting #303 Motion to Appear Pro Hac Vice for Jonathan H Waller for Sierra Pacific Resources and Nevada Power Co.( Signed by Judge Melinda Harmon ) Parties notified.(sfedele, )
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| Filing 303 MOTION for Jonathan H Waller to Appear Pro Hac Vice by Sierra Pacific Resources and Nevada Power Company, filed. Motion Docket Date 3/31/2005. (sfedele, ) |
| Filing 302 RESPONSE to Bank Defendants' March 2005 #297 Report to the Court on the Progress of the Deposition Process, filed by Vinson & Elkins LLP, Arthur Andersen LLP, and Certain Outside Directors. (ltien, ) |
| Filing 301 March 2005 Quarterly Report to the Court by Enron Corp, filed.(ltien, ) |
| Filing 300 Mail Returned Undeliverable as to Karl P Barth (#289), filed. (sfedele, ) |
| Filing 299 Mail Returned Undeliverable as to Kathleen P Kelly re: #289 Clerks Notice, filed. (dkelly, ) |
| Filing 298 CORRECTION TO MARCH 2005 QUARTERLY REPORT TO THE COURT on the Progress of the Deposition Process by Bank Defendants, filed.(kmurphy, ) |
| Filing 296 Minute Entry for proceedings held before Judge Melinda Harmon. STATUS CONFERENCE held on 3/2/2005 on Ongoing Discovery Issues (per letter request No. 924 CA H 01-3913). Mr. Sarko for Tittle Pltfs announced the Enron deft is moving from non-settling party to settling party. The parties presented status and concerns on the discovery of the case. The Court will rule on the Tittle pltf's partially opposed oral mtn for brief stay of deposition schedule. Order to issue. Appearances: See attached. (Court Reporter: Ed Reed), filed. (kmurphy, ) (REF CA 01-3913 #927) |
| Filing 297 MARCH 2005 QUARTERLY REPORT on the Progress of the Deposition Process by Bank Defendants, filed.(kmurphy, ) |
| Filing 295 Letter from USDC Southern District of Texas to USDC Nevada re: Sierra Pacific Resournces et al vs Citigroup Inc et al CA 2:04-1605 requesting case file be transferred to be included in MDL 1446, filed. (kmurphy, ) |
| Filing 294 Letter from USDC Southern District of Texas to USDC Western District of Washington re: Public Uitility District No 1 of Snohomish County Washington vs Citigroup Inc et al CA 2:04-2389 requesting case file to be transferred to be included in MDL 1446, filed. (kmurphy, ) |
| Filing 293 Letter from USDC Southern District of Texas to USDC Southern District of New York re: CA 1:04-7301 Yosemite Securities Trust I et al vs Citibank NA et al requesting case file be transferred to be included in MDL 1446, filed. (kmurphy, ) |
| Filing 292 Letter from USDC Southern District of Texas to United States Bankruptcy Court State Northern District of Texas re: Adversary 3:04-3511 State of Arkansas et al vs Merrill Lynch & Co et al requesting case file be transferred to be included in MDL 1446, filed. (kmurphy, ) |
| Filing 289 CLERKS NOTICE : Entry of Orders CA H 03-1558 #340, CA H 03-1579 #66, CA H 03-1580, filed. (kmurphy, ) |
| Filing 290 JPMDL TRANSFER ORDER (Certified Copy) transferring Yosemite Securities Trust I et al vs Citibank NA et al Southern District of New York Case 1:04-7301 and State of Arkansas Teacher Retirement System et al vs Merrill Lynch & Co et al Northern District of Texas Bankruptcy Adversary 3:04-3511, filed. (kmurphy, ) |
| Filing 291 JPML ORDER Lifting Stay of Conditional Transfer Order 28 (certified copy) and transferring Sierra Resources et al vs Citigroup Inc et al CA 2:04-1605 and Public Utility District No 1 of Snohmoish County, Washington vs Citigroup Inc et al WD Washington CA 2:04-2389, filed. (kmurphy, ) |
| Filing 288 MINUTE ENTRY: Preliminary Approval of partial settlement HEARING held. (No. 2949, 2950, 2969, 2971, 2984 and 2985 in 01-3624). See Attached for appearances of counsel. The court heard proposed settlement issues and objections. Any further briefing on the arbitration issue must be filed by Feb 14, 2005, with Responses due Feb 21, 2005. Orders preliminarily approving the settlement executed. Order authorizing the transfer of insurance proceeds executed. (Court Reporter: G Dye), filed.(psmith, ) Modified on 2/7/2005 (psmith, ). |
| Filing 287 CLERKS NOTICE re: #286 Order:, filed. (kmurphy, ) |
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Filing 286
ORDER REGARDING DEPOSITION SCHEDULING.( Signed by Judge Melinda Harmon and Judge Arthur J. Gonzalez) Parties notified.(kmurphy, ) (Ref Ca 01-3624 #2963, Ca 01-3913 #916, Ca 04-91 #53 and Ca 03-2257 #24)
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| Filing 285 Letter from Richard W. Clary re: Proposed Order Regarding Deposition Scheduling, filed. (Attachments: #1 Proposed Order) (kmurphy, ) |
| Filing 283 Minute Entry for proceedings held before Judge Melinda Harmon. TELEPHONE CONFERENCE held on 1/6/2005 simultaneously with US Bankruptcy Judge Arthur Gonzales, SD of New York, on Bank Deft's Motion for Telephonic Status Conference (No 2854 CA H 01-3624). The Court heard argument on problems with the prompt appearance of Enron witnesses who were nominated for deposition by the Deposition Scheduling Committee. The parties offered solutions to the problems and will provide an agreed order, as stated on the record. Appearances:See attached.(Court Reporter: C Barron), filed.(kmurphy, ) (REF CA 01-3624 #2926) |
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Filing 282
AMENDED DEPOSITION PROTOCOL ORDER pursuant to Order entered 12/13/04 on CA H 01-3624 2818 .( Signed by Judge Melinda Harmon and Judge Arthur J. Gonzalez ) Parties notified.(kmurphy, ) (Ref CA H 01-3624 #2875 and CA H 01-3913 #909)(kmurphy, ) Modified on 12/23/2004 (kmurphy, ).
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| Filing 281 Minute Entry for proceedings held before Judge Melinda Harmon. TELEPHONE STATUS CONFERENCE held on 12/22/2004 on negotiations and to determine the need for scheduling in the interpleader action. Parties request Order to deposit money for the Interpleader proceeds into the Registry of the Court. An agreement in principal on all major terms was announced and request for preliminary approval will be filed as soon as possible. Agreed scheduling order presented to the Court. Orders executed. (kmurphy ) |
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Filing 280
ORDER granting 2854 Motion for Hearing Status Conference set for 01/06/05 at 02:00 PM CST before Judge Melinda Harmon. Counsel is to contact the Case Manager to arrange the call. (CA Ref #2855 CA H 01-3624)( Signed by Judge Melinda Harmon ) (kmurphy, ) Modified on 12/22/2004 (htippen, ).
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| Filing 279 Mail Returned Undeliverable Kelly M Klaus re: #272 Order , filed. (sfedele, ) |
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Filing 278
ORDER denying Bank Defts' CA H 01-3624 #2552 Motion to Modify Deposition Protocol.( Signed by Judge Melinda Harmon and Judge Arthur J Gonzalez ) Parties notified.(kmurphy, ) (Entered: 12/14/2004 on CA H 01-3624)(Reference Entry CA H 01-3624 #2821) Modified on 12/16/2004 (kmurphy, ).
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| Filing 275 Minute Entry for proceedings held before Judge Melinda Harmon. PRELIMINARY INJUNCTION HEARING held on 12/8/2004 Ref #2462 and 2477 MOTION (in CA H-01-3624) for Preliminary Injunction; MOTION for Temporary Restraining Order. Parties reached an agreement. Exhibits admitted; paper exhibits to be withdrawn & resubmitted on CD. Preliminary Injunction Order executed. Request for mediation denied. Telephone conference set 12/22/04 at 2:00 to determine need for scheduling in interpleader action. Deadlines for responsive pleadings to the interpleader action and to the Outside Directors' counterclaims are stayed. Appearances: See attached list.(Court Reporter: K Metzger), filed.(djustice, ) |
| Filing 274 SEALED MINUTES, filed. (Ref CA H 01-3624 #2753 and CA H 04-91 #42) (4:04CI6007)(kmurphy, ) |
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Filing 272
ORDER OF COORDINATION WITH MDL 1446 (and CA H 01-3624 ref #2601) AND DENIAL OF MOTION TO REMAND Case Ref CA H 04-3581 Aksamit et al vs UBS Painewebber Inc et al #40.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 271 Minute Entry for proceedings held before Judge Melinda Harmon. MOTION HEARING held on 11/4/2004. The Court heard argument on the issue of lifting the stays on discovery relating to defts under indictment and on the govt's motion to intervene and for access to the depositions and exhibits. The parties agreed to a 6-month continuation of the stays on depositions of the criminal defts. The Court set a Hearing on June 2, 2005 at 10:00 a.m. to revisit the issue of lifting the stays. The Court took under advisement the government's motion to intervene and for access to the depostions and exhibits. The Court also ordered an expedited response date of 11/15/04 to Bank Defts' motion to amend the deposition protocol order, filed 11/3/04. Because the parties agreed to an extension fo the TRO enjoining the insurance companies from expending funds from the Greenwich layer of the D&O policies, the preliminary injunction hearing originally scheduled for this afternoon is reset to 11/15/04 at 1:00 pm. Appearances: See Attached Appearance List. (Court Reporter: Fred Warner),(Ref CA 01-3624 #2570) filed.(kmurphy, ) Modified on 11/4/2004 (kmurphy, ). |
| Filing 270 Letter from USDC SDTX Clerk's Office to Western District of Texas requesting case file CA 1:04-268 per JPMDL Transfer Order (Ref #268), filed. (kmurphy, ) Modified on 1/27/2005 (kmurphy, ). |
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Filing 267
ORDER relating to parallel civil and criminal proceedings the USA's motion to intervene and for access to deposition and exhibits the Court orders counsel for Lead Plaintiff, all Defts who have been granted stays, the government, and any interested parties wanting to attend shall appear for a Hearing set for 11/4/2004 at 10:00 AM at Courtroom 9C before Judge Melinda Harmon.( Signed by Judge Melinda Harmon )(REF CA H 01-3624 #2446/2475) Parties notified.(kmurphy, )
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Filing 266
ORDER granting Motion of Official Committee of Unsecured Creditors of Enron Corp to Reopen Pirelli Derivative Cases and to Substitute as Real Party Plaintiff in Interest on behalf of Bankruptcy Estate, (H 01-3645 (117), H 01-3690 (#35), H 01-3892 (#9), H 01-3998 (#11), H 02-1832 (#9), H 02-1838 (42), H 02-1922 (#20), and H 02-3427 (#20)) ( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 265
ORDER the USDC SDTX has implemented an electronic system for filing of all court documents, in light of the large number of cases involved in this litigation counsel shall deliver a courtesy copy of all documents filed with the Court to Judge Melinda Harmon chambers.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 264
TEMPORARY RESTRAINING ORDER Greenwich Insurance Company et al are restrained from disbursing any funds under its Enron directors and officers liability insurance policy for a period of ten days from the date of this order. Instead of the 10/28/04 1:00 p.m. the preliminary injunction hearing is reset to 10/28/2004 at 09:00 AM at Courtroom 9C before Judge Melinda Harmon.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, ) [Document 2456 01-3624]
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| Filing 263 Minute Entry for proceedings held before Judge Melinda Harmon. Proceedings held on 10/18/2004. Telephone appearance as stated on the record. TRO is GRANTED. Preliminary Injunction Hrng is scheduled October 28, 2004, at 1:00 p.m. Appearances: See attached sign in sheets. (Court Reporter: B Slavin) filed.(kmurphy, ) Modified on 10/19/2004 (kmurphy, ). [Ref #2455 01-3624] |
| Filing 262 Mail Returned Undeliverable re: #255 Order , filed. (sfedele, ) |
| Filing 261 Mail Returned Undeliverable as to Keith Carter Hannigan re: #256 Order , filed. (sfedele, ) |
| Filing 259 Mail Returned Undeliverable George W Billy Shepherd re: #251 Order , filed. (sfedele, ) |
| Filing 258 Mail Returned Undeliverable George W Billy Shepherd re: #252 Protective Order, , filed. (sfedele, ) |
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Filing 256
ORDER OF COORDINATION coordinating CA H 04-3331 Adams et al vs Arthur Andersen LLP et al with CA H 01-3624 Newby vs Enron; MDL 1446. ( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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Filing 255
ORDER OF COORDINATION CA H 04-3330 Guy et al vs Arthur Andersen LLP et al with CA H 01-3624 Newby et al vs Enron Corporation et al.( Signed by Judge Melinda Harmon ) Parties notified.(kmurphy, )
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| Filing 253 SEPTEMBER 2004 QUARTERLY REPORT by Deposition Scheduling Committee , filed.(kmurphy, ) |
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Filing 252
PROTECTIVE ORDER granting [219-1] motion for protective order; Documents produced to the depository in this case by Enron and identified by Azurix as presumptively confidential shall be designated as Confidential; Azurix's presumptively confidential log submitted to this court and as it may be supplmented is SEALED entered. Parties ntfd. (Signed by Judge Melinda Harmon) (kmurphy)
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| Filing 250 Minute entry: Fairness Hearing on Partial Settlement held. Apps: See Attached Appearance List. Ct Reporter: J.Sanchez Hearing held on Preliminary Approval of Partial Settlement. Lynn Sarko for Plaintiff presented an overview of the settlement, as stated on the record. The Court heard argument from settling defts, objectors and parties for the insurance and pension plan, as stated on the record. The Court Ordered the parties to post their power point presentations to the parties' website, as stated on the record. Mr. Sarko for pltf asked the Court to approve the settlement, approve a plan of allocation, lift the stay, and set a briefing schedule, as stated on the record. Appropriate mtns and Orders will be filed. (Ref CA 03-2257 #22 and CA 01-3913 #837) (kmurphy) |
| Filing 251 JPMDL TRANSFER ORDER (certified copy) filed 8/04/04 transferring William Askamit et al vs UBS PaineWebber Inc et al SD Illinois CA 3:04-231 to the SDTX Houston to be included in MDL 1446, filed. (kmurphy) |
| Original file, certified copy of transfer order and docket sheet received from District of Connecticut Original case # 3:04cv716 assigned CA H 04-3074. (kmurphy) |
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Filing 249
ORDER (certified copy; original in CA H 01-3624) that no third-party complaints or cross claims need be filed by August 2, 2004 because the expedited briefing requested by the Court has mounted, with some parties changing their stance, in order to give the Court time to review all submissions and make a determination, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 248
AMENDED STIPULATION AND ORDER OF DISMISSAL of coordinated case CA 03-5757, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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| Filing 247 Minute entry: Telephone Conference held. Apps: J Farrell & C Harris f/Willard; JC Nickens & J Wilson f/Officer Dfts. Ct Reporter: C Barron. Telephone conference held on JC Nickens' July 19, 2004 ltr request for ruling concerning a deposition issue and James Farrell's July 20,2004 ltr resp. The Court rules that if a situation arises in deposition that would require the party being deposed to identify the handwriting, if the party being deposed cannot answer quickly, the deposing party may present the material to the party being deposed outside the actual deposition so that the party being deposed will be prepared to answer immediately upon resumption of the deposition, filed. (Ref Case CA H 01-3624) (kmurphy) |
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Filing 246
CONFIDENTIALITY ORDER FOR THIRD PARTY DOCUMENTS, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 245
CONFIDENTIALITY ORDER granting Outside Director Defts Motion 2041 CA-H-01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 244
STIPULATION AND ORDER OF DISMISSAL (CA-H-03-5757 American Home Assurance Company vs Sally W. Beck et al), entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 243
ORDER granting motion to clarify deposition protocl order to prohibit objections and coaching of witnesses during depositions. Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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| Filing 242 Minute entry: Telephone Conference held. The govt will withdraw previously filed sealed motion 2225 CA H 01-3624 and will file amended mtn, as stated on the record. Motion and Order to SEAL must accompany all sealed pleadings. The parties will continue service via their website, as stated on the record. Responses already filed to Govt's sealed motion are not sealed. Apps: See attached. Ct Reporter: G Dye . (kmurphy) |
| Filing 241 JPML CONDITIONAL TRANSFER ORDER CTO-24 (certified copy), transferring USDC Connecticut CA 3:04-716 and 3:04-717 to USDC SDTX - Houston to be included in MDL 1446 entered; Parties notified. (kmurphy) |
| Filing 240 JPML TRANSFER ORDER (certified copy) transferring case CD California CA 2:03-9254 to be included in MDL 1446, entered; Parties notified. (kmurphy) |
| Filing 239 CLERK'S NOTICE OF ENTRY OF ORDER re: #238 , filed (kmurphy) |
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Filing 238
MEMORANDUM AND ORDER RE: H 03-862 dismissing defts LJM Cayman LP, LJM2 Cayman Co-Investment LP, Chewco Investments LP and Joint Energy Development Investments Limited Partnership pursuant to Pltf's [6-1] notice of dismissal; denying Plf's [9-1] motion to remand; H 03-862 is consolidated with H 01-3645 and is administratively closed, entered. Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 237
ORDER OF COORDINATION H CA 04-2154 is coordinated with proceedings in lead case CA H 01-3624 pursuant to the JPML order ( #15 04-2154) for consolidation or coordination with MDL 1446 for pretrial proceedings, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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| Letter from atty Henry F. Schuelke III to Judge Harmon advising he does not represent any party and requests to be removed from noticiing lists. (kmurphy) |
| Consolidated Lead Case; Member case H 04-2154. (kmurphy) |
| Rec'd original case file and certified copy of docket entries 01:04cv02259 from the USDC SDNY Foley Square assigned CA H 04-2154 per JPML CTO-23 [#223]. (kmurphy) |
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Filing 235
CONFIDENTIALITY ORDER granting Schuyler Tilney and Elizabeth Tilney's motion [#2168 - 01-3624], entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 234
ORDER granting USA's [2169-1] motion to intervene for the limited purpose of requesting limited stays of discovery, denying USA's [2169-2] motion for limited stay of selected depositions. The USA's motion to stay prospective depositions of Margaret Ceconi, Wanda Curry, Jim Fallon, John Griebling and Gary Peng is DENIED without prejudice, it is furthered ORDERED pursuant to FRCP 26 that discovery not be had of any witness at any deposition taken pursuant to the Deposition Protocol Order of his or her testimony before the grand jury, the areas of his or her anticipated testimony at a criminal trial, or the content of meetings with the Enron Task Force, agents of the Federal Bureau of Investigation, or any other agencies investigating the criminal conduct surrounding the collapse of Enron Corp or Arthur Andersen and it is further ORDERED the Deposition Protocol Order be amended per the language stated in this order, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 233
ORDER granting Lead Pltfs' Motion for Leave to five notice to certain class members pursuant to Rule 23(d)(2) of the FRCP in CA 01-3624 2129 , entered; Parties notified. (signed by Judge Melinda Harmon ) (kmurphy)
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Filing 236
ORDER PRELIMINARILY APPROVING PARTIAL SETTLEMENT CONDITIONALLY CERTIFYING CLASS FOR PURPOSES OF SETTLEMENT, APPROVING FORM AND MANNER OF NOTICE, AND SCHEDULING HEARING ON FAIRNESS OF SETTLEMENT PURSUANT TO FRCP 23(E)(CV 01-3913 # 737 ). Hearing of Fairness of settlement pursuant to FRCP 23(E) Fairness Hearing set for 9:00 8/19/04 before Judge Melinda Harmon , entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy)
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Filing 232
ORDER ON BK DFTS' MOTION AND MEMORANDUM OF LAW FOR MODIFICATION OF THE SCHEDULING ORDER [#2147 01-3624] is denied, entered; Parties notified. (signed by Judge Melinda Harmon) (kmurphy) Modified on 05/28/2004
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| Filing 231 NOTICE: Responses to USA's Motion to Intervene and Memorandum of Law in Support and for a Limited Stay of Selected Depositions [Inst #2169 CA 01-3624] must be filed by 10:00 a.m. on June 1, 2004, with a courtsey copy faxed to the Chambers of US District Judge Melinda Harmon by no later than May 31, 2004. Parties notified. (kmurphy) |
| Filing 230 (H 01-3913, H 03-2257) CONSENT DECREE between the Secretary of Labor and Enron former Outside Director Ken L Harrison, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) |
| Filing 229 (H 01-3913, H 03-2257) AMENDED CONSENT DECREE between the Secretary of Labor and Enron's former Outside Directors, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) |
| Filing 228 (H 01-3913, H 03-2257) CONSENT DECREE between the Secretary of Labor and the Administrative Committee Defendants, Keith A Crane and William J Gulyassy, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) |
| Filing 227 Minute entry: Hearing on Preliminary Approval of Partial Settlement (re: H 01-3913) held. Apps: See Attached. The pltfs and settling defts addressed the Court on the proposed settlement. Objections were heard by the non-settling defts. The settling parties will file an amended settlement agreement and amended order on preliminary approval on May 25 or 26, as stated on the record. Non settling parties to file further objections by May 28. Deft Enron to respond to motion to intervene by May 24, as stated on the record. Three (3) Consent Decrees executed on the record. Ct Reporter: C Barron. (ddarneille) |
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Filing 226
NOTICE OF ENTRY OF ORDER, Re: [225-1] memorandum and order, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 225
MEMORANDUM AND ORDER; The Court ORDERS that pltf's motion to reconsider (instrument #1609 in H01-3624; #40 in H03-2345) is GRANTED, but that their motion to remand is still DENIED because the Court has "related to" bankruptcy jurisdiction under 1452, which does not require unanimous consent of deft's. Because there is no remand, pltf's request for costs, expenses and attorney's fees under 28 USC 1447(c) is MOOT. Finally, the Court ORDERS that pltfs' motion to ascertain status of remand motions (#2056 in H01-3624) is also MOOT, entered. Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 224
SCHEDULING ORDER: Preliminary Hearing on Approval of proposed partial Settlement of the claims in the Tittle case will be held at 3:00 5/20/04; counsel in H 03-2257 may attend. Objections to settlement to be filed by 7/9/04; Responses to objections & briefs in support of final approval to be filed by 8/9/04. Hearing on Final Approval set for 9:00 8/19/04, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 223 CONDITIONAL TRANSFER ORDER (CTO-23) transferring case to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
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Filing 222
ORDER OF COORDINATION WITH MDL 1446; H04-1060 is hereby COORDINATED with MDL 1446. Should the Judicial Panel ultimately reject Michael Kopper's request for a transfer of H04-1060 by the panel to this Court as a tag-along action, the Court will entertain motions to reconsider should the parties wish to sever H04-1060 from the litigation, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Coordinated Lead Case; Member case H04-1060. (tward) |
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Filing 221
ORDER OF COORDINATION; The Court ORDERS that the motion to stay proceedings (instrument #14 in H04-1546) is MOOT. Because the deft's have not had an opportunity to respond to the motion to remand (#25 in H04-1546), and because a resolution of the issues it raises will determine whether this action will be remanded, dismissed, or consolidated with Newby or Pirelli, the Court ORDERS that deft's shall file responses within twenty days of receipt of this order. If pltf's wish to file a reply, they shall do so within ten days of receipt of those responses. The Court ORDERS that H04-1546 is hereby COORDINATED with MDL 1446, Newby and Pirelli and shall be so listed on those docket sheets. The Court further ORDERS that the notice of consolidation with Pirelli (instrument #39 in H04-1546), filed by counsel for deft Charles A LeMaistre, is of no effect because that determination has yet to be made by the Court, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Consolidated Lead Case; Member Case H04-1546. (tward) |
| Filing 220 TRANSFER ORDER; transferring Middle District of Alabama case #2:03-1152 (City of Montgomery Alabama Employees' Retirement Systems v. Kenneth L Lay et al) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
| Filing 219 MOTION for protective order by Azurix Corp, Motion Docket Date 5/4/04 [219-1] motion , filed. (with attached seald exhibit) (tward) |
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Filing 218
ORDER OF CONSOLIDATION; H04-1119 is hereby transferred to the undersigned judge's docket pursuant to the order of consolidation entered in lead case H01-3624, Newby v Enron Corp et al on 12/2/01. The Court further ORDERS that the deft banks' motion to consolidate (#6 in H104-1119) with MDL 1446 and Newby is hereby GRANTED. The Court additionally ORDERS that 04-1119 is henceforthe designated as a "coordinated case" in conjunction with Newby and shall be entered as such on the docket sheet of Newby. Finally, the Court ORDERS that the scheduling conference set before the Honorable David Hittner on 6/30/04 is CANCELLED, and H04-1119 shall proceed according to the schedule established in Newby, entered; Parties notified. (signed by Judge Melinda Harmon) (tward) Modified on 04/12/2004
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| Consolidated Lead Case; Member case H04-1119. (tward) |
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Filing 217
ORDER; Pending before the Court are the following motions: (1) Deft UBS Financial Services Inc (f/k/a UBS Paine Webber Inc) and UBS Securities LLC's (f/k/a UBS Warburg LLC) motion to enter proposed docket control order or in the alternative to postpone entry of any docket control order in H02-851 pending the entry of an amended docket control order in Newby (H01-3624) (instrument #69 in H02-851); and (2) a motion to approve docket control order filed by pltfs' Kevin Lamkin, Janice Schuette, Robert Ferrell and Stephen Miller, individually and on behalf of the putative class (#70 in H02-851). Because these motions impact upon the deposition protocol established by the parties and approved by the Court, the Court ORDERS that copies of this order not only be sent to the usual parties' counsel, but in particular to G. Paul Howes. The Court further ORDERS that Mr Howes shall file responses to the two motions as soon as possible, , entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Consolidated Lead Case; member case H:03cv4359. (tward) Modified on 04/09/2004 |
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Filing 215
ORDER of Coordination, entered; H-02-4359 is TRANSFERRED to the undersigned judge's docket. The motion for coordination with MDL 1446 and Newby is GRANTED. Parties notified. ( signed by Judge Melinda Harmon ) (ltien)
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| Filing 216 CONDITIONAL TRANSFER ORDER (CTO-22) transferring Norther District if Illinois Bky Advy No 1:04-151 (William E Young et al v. Robert A Belfer et al) to Souther District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
| MAIL RETURNED UNDELIVERABLE as to H Nicholas Berberian re: [207-2] order. (tward) |
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Filing 214
TEMPORARY PROTECTIVE ORDER; GRANTING Azurix Corp's motion for Temporary Protective Order (#2013 in H01-3624). It is ordered that the documents be produced to the depository in this case by Standard & Poor's (the S&P documents) shall be designated as CONFIDENTIAL and shall not be disclosed to persons not party to this litigation until after the Court has ruled on any motion filed by Azurix for a Protective Order specifically identifying any confidential information contained in the S&P documents and the harm that would result from disclosure of such information. It is further Ordered that Azurix shall have until 4/16/04 to review the S&P documents and file a motion for protective order. If Azurix finds no confidential information in the documents, it shall before April 16, 2004 inform the Court so that the Court may lift this Temporary Protective Order, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward)
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Filing 213
PROTECTIVE ORDER; GRANTING Portland General Electric Company's motion for protective order (#1992 in H01-3624). Movant's confidential documents are protected from disclosure, subject to further order of this Court, and without prejudice to the right of any party and any interested member of the public to challenge the secreting of particular documents, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward)
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Filing 212
PROTECTIVE ORDER; GRANTING Enron Corp's motion for protective order regarding Andersen Documents (#1987 in H01-3624) . It is Ordered that all of the confidential documents identified in the affidavits of Kevin Sweeney and Craig Hiddleston, which are attached as Exhibits A and B respectively to Enron Corps Motion shall not be disclosed to persons not party to this litigation, and shall not be used or disseminated other than in connection with this litigation, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward)
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Filing 211
PROTECTIVE ORDER; GRANTING Azurix Corp's motion for Protective Order (#1985 in H01-3624). All documents listed in the Azrix Log, attached to the affidavit of Stephen Dowd, which is attached as exhibit 1 to Azurix Corp's motion for Protective Order, shall be designated CONFIDENTIAL, and shall not be disclosed to persons not party to this litigation, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward)
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Filing 210
PROTECTIVE ORDER; GRANTING Citrus Corp and Northern Border Partners LP's (#1984 in H01-3624) motion for protective order. The documents specified in the motion are subject to this Court's previous Protective Order entered 1/6/04. The motion is granted subject to further order of this Court, and without prejudice to the right of any party and any interested member of the public to challenge the secreting of particular documents, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward)
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| Deadline updated; Set deadline for Azurix to review and file a list, if any, of confidential information contained in the S&P documents due by 4/16/04 (tward) |
| MAIL RETURNED UNDELIVERABLE addressed to Alan S Madans, research done and no working telephone number located, re: [207-2] order. (tward) |
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Filing 209
SCHEDULING ORDER; The Pretrial-Scheduling Order, which shall apply to the Tittle and Newby actions and those consolidated and coordinated cases for discovery purposes, shall be as follows: Deposition of fact witnesses in Newby Tittle and the consolidated and coordinated actions, as governed by the Deposition Protocol Order, commence on 6/2/04; Deadline to join new parties to file a third-party complaint or cross complaint/claims is 8/2/04 ; All fact discovery, including, without limitation, document, deposition, and third party discovery completed by 11/30/05; Pltfs expert witnesses named and comprehensive reports of their opinions furnished by 1/3/06; Deft's expert witnesses named and comprehensive reports of their opinions furnished by 2/21/06; Pltf's rebuttal expert witnesses named and their comprehensive opinion reports furnished by 3/17/06; Expert Discovery completed by 4/14/06; Motions for Summary Judgments in Newby and Tittle may be filed up to 5/15/06; Opposition to a summary-judgment motion filed before Friday, 4/14/06 is due 45 days after the date the motion is filed; Opposition to summary-judgment motions filed after 4/14/06 is due by 6/30/06; All replies are due 30 days after the opposition is filed; Joint Pretrial orders in Newby and Tittle shall be filed by 9/15/06; Pretrial Conference set at 1:30 pm on 10/2/06; Trial begins at 9:00 am on 10/16/06 before Judge Melinda Harmon. As to consolidated, related and coordinated cases not currently proceeding under the controlling Newby and Tittle consolidated complaints, the Court's ruling in Part I of the July 11, 2003 Scheduling Order will govern the schedule for those cases, entered. Parties notified. (Signed by Judge Melinda Harmon) (tward) Modified on 03/16/2004
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Filing 208
DEPOSITION PROTOCOL ORDER, entered; Parties notified. (signed by Judge Melinda Harmon and Judge Arthur Gonzalez, US Bankruptcy Judge, SDNY) (tward)
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Filing 207
ORDER, entered. Because the parties have resolved the issues raised in Lead Plaintiff's motion to compel production of documents from deft Citigroup Inc and have withdrawn the motion, the hearing set on 3/11/04 is CANCELLED; terminated deadlines . Parties notified. ( signed by Judge Melinda Harmon ) (ltien)
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| MAIL RETURNED UNDELIVERABLE forH Nicholas Berberian re: [200-1] transfer order, [201-1] order. (tward) |
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Filing 206
ORDER OF COORDINATION; H04-702 is henceforth designated as a "coordinated case" in conjunction with Newby (H01-3624) and shall be entered as such on the docket sheet of Newby, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 205
ORDER OF CONSOLIDATION; Pursuant to the order of consolidation entered in lead case H01-3624, Newby v Enron Corp et al on December 12, 2001, case number H03-5424 is hereby CONSOLIDATED into H01-3624. Because H03-5424 shall henceforth proceed on the schedule established in Newby, the Court further ORDERS that deft JP Morgan Chase & Company's unopposed motion to postpone the initial pretrial and scheduling conference (#7 in H03-5424) for at least thirty days is MOOT, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 204
ORDER granting (1988-1 in H01-3624) unopposed motion for extension of certain briefing deadlines related to Outside Directors' and others memoranda concerning discovery of examiner transcripts and (1990 in H01-3624) joinder in support of (1998 in H01-3624) motion; the deadline for the response to motions or memoranda filed in support of lead pltf's motion to compel the Banks to produce the sworn statements and deposition transcripts of their employees is February 20, 2004 and the deadline for any reply to the Financial Institutions' response is February 25, 2004, entered; Parties notified. (tward)
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| Consolidated Lead Case; member case H04-702. (tward) |
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Filing 203
(H02MD1446, H01-3624, H01-3913, H03-5334, H03-967, H02-1922, H03-3481, H03-3320, H03-1558, H03-1579, H03-1580, H03-5335, H03-860, H03-1087, H02-1597, H03-5332, H01-3645, H03-5333, H03-2264, H03-815, H02-3401, H02-576) ORDER ON THE INDIVIDUAL ANDERSEN DEFT'S DESIGNATION OF LEAD COUNSEL AND MOTION TO SUBSTITUTE COUNSEL OF RECORD, Rusty Hardin is designated as lead counsel for the Individual Andersen Deft's (Thomas H Bauer, Debra A Cash, D Stephen Goodard Jr, Michael M Lowther, Michael C Odom and Roger Willard) and prior counsel for these deft's in the above listed cases is withdrawn and Mr Hardin is substituted in their place, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 202
ORDER OF DISMISSAL; H03-860 is DISMISSED with prejudice in its entirety, pursuant to FRCP 42(a)(1)(i) and subject to the provisions of the Settlement Agreement, and with each party to bear its own costs. All pending motions are moot, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Filing 200 TRANSFER ORDER; transferring USDC, WDTX case # 1:03-684 (Mark B Schreiber etc v JP Morgan Chase & Co) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
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Filing 201
ORDER OF COORDINATION, H03-1558 and H03-1579 are designated coordinated cases in MDL 1446 and Newby (H01-3624), entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Coordinated Lead Case; Member cases H03-1558 and H03-1579. (tward) |
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Filing 199
ORDER: Pending before the Court is lead pltf's motion to compel production of documents from deft Citigroup INc (#1980 in H01-3624). It is ORDERED that any briefing in response to the motion be filed by March 2, 2004, in accordance with Local Rules, and any replies must be filed by March 8, 2004, with a courtesy copy of same delivered to Chambers. It is further ORDERED that for all interested counsel a hearing shall be heard on the matter on Thursday, March 11, 2004 at 2:00 pm in Courtroom 9C, Set response to motion due for 3/2/04 , and Set party's reply to response to motion due 3/8/04 , and Set hearing on matter for Thursday, March 11, 2004 at 2:00 pm before Judge Melinda Harmon , entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 198
ORDER OF COORDINATION; H04-324 is designated as a "coordinated case" in conjunction witht Newby (H01-3624) and shall be entered as such on the docket sheet of Newby. The Court further ORDERS that all future requests shall be filed as motions, not submitted as letters, to insure that they are formally part of the record and that all parties have notice and an opportunity to respond. As a final matter, in response to pltf's letter of 12/23/03, requesting direction as to if or when they should file their amended complaint as ordered by Judge Swain in New York, the Court ORDERS that pltf shall file the amended pleading within 20 days of receipt of this order, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 197
ORDER OF COORDINATION; The Court ORDERS that H-04-123 is designated as a "coordinated case" in conjunction with Newby and it shall be entered as such on the docket sheet of Newby. The Court futher finds that the agreed motion to extend time to respond to the complaint by July 10, 2003 (instrument # 2 in H-04-123) is MOOT. The Court further ORDERS that deft's shall file an answer to pltf's complaint within twenty days of receipt of this order to facilitate discovery while pltf's motion to remand or abstain is pending. Counsel shall inform themselves by contacting Newby Lead Counsel regarding current discovery proposals, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 196
ORDER OF COORDINATION; The Court ORDERS that H-04-122 is designated as a "coordinated case" in conjunction with Newby and it shall be entered as such on the docket sheet of Newby. The Court futher finds that the agreed motion to extend time to respond to the complaint by July 10, 2003 (instrument # 2 in H-04-122) is MOOT. The Court further ORDERS that deft's shall file an answer to pltf's complaint within twenty days of receipt of this order to facilitate discovery while pltf's motion to remand or abstain is pending. Counsel shall inform themselves by contacting Newby Lead Counsel regarding current discovery proposals, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Filing 195 TRANSCRIPT OF PROCEEDINGS of discovery hearing held on January 22, 2004 before Judge Melinda Harmon and Arthur J Gonzalez (US Bankruptcy Judge, District of New York), filed. (Court Rptr: E. Reed) (tward) |
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Filing 194
(H02MD1446, H01-3624, H01-3913, G02-585, G02-723, H02-1150, H02-3786, H02-3787, H02-3794, H04-91) ORDER GRANTING (#1901 in H01-3624) Enron Corp's motion to add additional parties to mediation, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Filing 193 Minute entry: Discovery Hearing held. Apps: See Attached. Joint Hearing held on Discovery Issues, discovery protocol and Lead Pltf's motion to compel the Banks to produce sworn statements and deposition transcripts of their employees (No. 1803). The parties asked Judge Harmon and Judge Gonzales to add the new banks to the mediation -GRANTED. The Court heard argument on discovery protocol, as stated on the record. The parties will work out the issue and file a joint protocol for Judge Harmon's signature by January 27, 2004. The Court will rule on the motions to remand and to dismiss as stated on the record. Ct Reporter: E. Reed (tward) |
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Filing 192
ORDER OF COORDINATION; The Court ORDERS that H04-91 is designated as a "coordinated case" in conjunction with Newby. The Court further ORDERS that the order setting a pretrial scheduling conference before Judge Frances Stacy is VACATED and H04-91 will proceed under the schedule in Newby. Finally the Court ORDERS that the docket clerk recategorize the nature of this action as a civil suit grounded in tort, brought on behalf of the Enron bankruptcy estate and authorized to go forward by the Enron bankruptcy court, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Deadline updated; Set notice of compliance due for filing of joint protocol by 1/27/04 (tward) |
| MAIL RETURNED UNDELIVERABLE as to Enron Corp Securitie re: Sean M. Murphy; [190-1] order; forwarded to the file. (khightower) |
| Consolidated Lead Case; Member case H04-122 transferred from District of Oregon (case # 3-03-1113-HA) (tward) |
| Consolidated Lead Case; member case H04-122 transferred from District of Oregon (case # 3-03-01115-HA). (tward) Modified on 01/14/2004 |
| Filing 190 NOTICE; regarding the hearing set January 22, 2004, relating to discovery issues, triggered by Lead Pltf's motion to compel the banks to produce transcripts of the sworn statements of their current and former employees (instrument #1803 in H01-3624), and following an agreed "time-out" the Court requests counsel for any party that wishes to raise any matter at the January 22nd hearing to submit a proposed agenda to the Court by January 16, 2004, entered; Parties notified. (signed by Judge Melinda Harmon) (tward) |
| Deadline updated; Set notice of compliance of proposed agenda for January 22nd hearing due by 1/16/04 (tward) |
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Filing 189
ORDER OF COORDINATION; to insure that H03-5757 receives all relevent pleadings and orders, the Court ORDERS it shall be designated as a Coordinated case in conjunction with Newby (H01-3624). Pltf's motion for a hearing (#20 in H03-5757) is DENIED. Deft's Sally W Beck, Mark A Frevert, Mark E Haedicke, Kevin P Hannon and Lawrence Greg Whalley's motion to transfer is MOOT but not their motion to dismiss or for more definite statement (#9 H03-5757). Deft's Sally W Beck, Mark A Frevert, Mark E Haedicke, Kevin P Hannon and Lawrence Greg Whalley's motion to stay proceedings is MOOT (#11 H03-5757). Deft Wincenty J Kaminski's motion to transfer venue is MOOT but not his motion to dismiss under Rule 12(b)(6) and 9(b) (#13 H03-5757). Deft's Sally W Beck, Mark A Frevert, Mark E Haedicke, Kevin P Hannon and Lawrence Greg Whalley's motion to transfer tag along action is MOOT (#31 in H03-5757) , entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 188
PROTECTIVE ORDER; granting Citrus Corp and Northern Border Partners LP's [103-1], (#1909 and 1439 in H01-3624) and (#587 in H01-3913) motion for protective order, entered. Parties ntfd. (Signed by Judge Melinda Harmon) (tward) Modified on 01/07/2004
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Filing 187
ORDER OF COORDINATION; to insure that this case receives all relevent pleadings and orders, the court ORDERS that H03-5808 is coordinated with Newby (H01-3624), entered; Parties notified. (signed by Judge Melinda Harmon) (tward) Modified on 01/07/2004
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| Consolidated Lead Case; member case H03-5808 (EDPA case #2:03cv3099) (tward) |
| Filing 186 (H02MD1446, H01-3624, H01-3913, G02-585, G02-723, H02-1150, H02-3786, H02-3787, H02-3794, H02-3939) NOTICE: The Debtors have filed a motion to add additional parties (#1901 in Newby) and have noticed a hearing, pursuant to Bankruptcy Rules, on January 15, 2004 at 10:00 am (#1902). That hearing will be held before Judge Gonzales in his courtroom in the Souther District of New York, and all parties who wish to participate should appear there, entered; Parties notified. (signed by Judge Melinda Harmon) (tward) Modified on 12/24/2003 |
| Consolidated Lead Case; member case H03-5757 transferred from the Northern District of Texas (Case # 3:03cv1625) (tward) |
| Filing 185 Minute entry: Motion Hearing held. Apps: See Attached. Hearing held on Lead Pltf's motion to compel the Banks to produce the sworn statements and deposition transcripts of their employees (No. 1803 in H01-3624). Paul Howes addressed the Court for lead pltf's and asked the Court to hold the discovery motions in abeyance until another hearing can be held, as stated on the record. Justin Campbell appeared for the Tittle pltf's (H-01-3913) and joined in on the oral mtn for abeyance. Kathy Patrick addressed the Court on behalf of Enron's Former Outside Directors. Richard Clary's (for the Bank deft's) oral mtn to extend the deadline for filing cross claims and to add parties to a date beyond January 22, 2004 is Granted and new deadlines will be imposed, as stated on the record. The Court will not rule on the requested discovery motions until after January 22, 2004, as stated on the record. A Hearing on the discovery matters is scheduled January 22, 2004 at 2:00 pm, Ct Reporter: E Reed. (tward) |
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Filing 184
ORDER granting lead pltf's request for time out, with all attending conditions. The January 10, 2004 deadline for adding parties and filing cross claims is VACATED, and another will be established at the hearing. Finally, the Court orders that all interested counsel shall appear for a hearing on the discovery issues Set discovery hearing for 2:00 on 1/22/04 before Judge Melinda Harmon in Courtroom 9C, terminated deadlines , entered; Parties notified. (signed by Judge Melinda Harmon ) (tward)
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| Consolidated Lead Case, member case H03-5542. (tward) |
| Filing 183 TRANSFER ORDER, transferring District of Oregon Case numbers 3:03-1113 (Arthur McNett et al v. Arthur Andersen LLP et al), 3:03-1115 (Seymour Herman v. Arthur Andersen LLP et al) and ND Texas case number 3:03-1625 (American Home Assurance Co v. Sally W Beck et al) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
| Filing 182 TRANSFER ORDER transferring SD New York Case Number 1:02-5328 (Unicredito Italiano et al v JP Morgan Chase et al) and ED Pennsylvania Case Number 2:03-3099 (Vanguard Balanced Index Fund et al v. Citibank NA et al) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
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Filing 181
ORDER OF CONSOLIDATION; pursuant to order entered 12/12/01 in H01-3624, member case H03-5528 is consolidated into lead case H01-3624 to become part of MDL 1446, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 180
ORDER OF CONSOLIDATION; pursuant to order entered 12/12/01 and memorandum and order entered 9/30/03 in H01-3624, these member cases are consolidated into lead case H01-3624 to become part of MDL 1446 (H03-5332, H03-5333, H03-5334 and H03-5335), entered; Parties notified. (signed by Judge Melinda Harmon) (tward) Modified on 12/08/2003
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| Filing 179 CONDITIONAL TRANSFER ORDER (CTO-17) transferring Northern District of Illinois, Bk Advy No. 1:03-3916 (Sara J McMurray v Robert A Belfer et al) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (tward) |
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Filing 178
ORDER NUNC PRO TUNC RE; MEMORANDUM, FINDINGS OF FACT, AND CONCLUSIONS OF LAW ENTERED ON November 5, 2003 (#176), entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 177
MEMORANDUM AND ORDER; UBS Paine Webber, Inc and UBS Warburg LLC's motion for reconsideration (#49 in H02-851, #1177 in H01-3624 and #524 in H01-3913) is DENIED; motion to dismiss (#32 in H02-851) is DENIED and motion to stay (#53 in H02-851) is MOOT, entered. Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Filing 176 MEMORANDUM, FINDINGS OF FACTS, AND CONCLUSIONS OF LW: The Court finds that the proposed settlement (Stipulation of partial settlement #1554 and Addendum #1587 in H01-3624) is fair, adequate and reasonable under the circumstances and accordingly approves it, entered. Parties notified. (signed by Judge Melinda Harmon) (tward) |
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Filing 175
ORDER REGARDING MEDIATION: the motion (#1678 in H01-3624) is granted with respect to the following actions, who are hereby added as participants to the Court-ordered mediation on the dates scheduled by Judge Connor; Goode v Citigroup Inc (H02-5628, SDTX), Call PERS v Banc of America Securities LLC (H03-3481, SDTX), Okomo v Banc of America Securities LLC (H03-3508, SDTX) and DK Acquisition Partners LP v JP Morgan Chase & Co (H03-3393, SDTX). These cases are being added to the mediation without prejudice to any pending motions to remand. IT IS FURTHER ORDERED that the motion is withdrawn as MOOT with respect to the pltf's in the following actions, who have agreed voluntarily to participate in the Court-ordered mediation and whose actions Judge Connor has now added to the mediation; OCM Opportunities Fund III LP v. Citigroup (BC283342, Cal. Super Ct), Pacific Investment Management Co v Citigroup Inc (02CC00300, Cal. Super Ct), AUSA Life Insurance Co v Citigroup Inc (LACV0044263, Iowa Dist Ct), Principal Global Investors LLC v Citigroup Inc (#90942 Iowa Dist Ct), Principle Global Investors LLC v JP Morgan Chase & Co (CL93058, Iowa Dist Ct) and Transamerica Financial Life Ins Co v Merril Lynch & Co (C03-107LRR, ND Iowa). IT IS FURTHER ORDERED that the motion is DENIED insofar as it requests an order automatically adding pltf's in any action in which one or more of the Financial Institutions (or their affiliates) are named as deft's. Any party seeking to add another party to the mediation shall do so by making a motion to these Courts after providing notice to the party sought to be added, entered; Parties notified. (signed by Judge Melinda Harmon and Judge Arther J Gonzalez, United States Bankruptcy Judge, New York) (tward) Modified on 11/05/2003
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| Filing 174 Minute Entry: Fairness Hearing held. Appearences made on the record (see attached). Summary of settlement distribution presented to the Court by Keith Parks for Newby pltf's. Late notices were addressed, as stated on the record. Objections addressed, as stated on the record. Britt Tinglum addressed the Court on behalf of the Tittle pltf's. Objectors and responses to objectors heard on the record. Late objections and late opt-outs, as stated on the record. The matter is under advisement. Order to issue. Pro Hac Vice motion granted for Lawrence Schonbrun, counsel for objector, Brian Dabrowski. Ct Reporter: F Warner. Parties ntfd. (tward) |
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Filing 173
(H01-3913) ORDER NUNC PRO TUNC; re: substituting pages 34 thru 38 in [156-1] order, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 172
MEMORANDUM AND ORDER OF REMAND; pltf's motion to remand (#9 H02-3939) is granted and motion to abstain (#9 H02-3939) is Moot, this case is remanded to the 9th JDC, Montgomery County, TX, entered. Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 171
ORDER OF DISMISSAL, pltf's motion for voluntary dismissal with prejudice (#1730 H01-3624) is granted and H02-2984 is dismissed with prejudice, in accordance with the settlement terms set out in the bankruptcy court's order and incorporated herein, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 170
ORDER OF COORDINATION: H03-3947 is designated a "coordinated case" in conjunction with Newby (H01-3624); agreed motion for extension of time to answer or otherwise respond to the petition (#5 H03-3947) is granted. If pltf files a timely motion to remand, deft's shall have thirty days following the ruling by the Court on that motion to file a response to the petition. If pltf does not file a motion to remand, deft's shall file a responsive pleading to the petition by December 1, 2003, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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| Coordinated Lead Case: Member case H03-3947 coordinated with Newby (H01-3624). (tward) Modified on 12/08/2003 |
| Filing 169 TRANSCRIPT OF PROCEEDINGS of Telephonic Motion Hearing held on 9/26/03 before Judge Melinda Harmon, filed. (Court Rptr: J Simon) (tward) |
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Filing 168
ORDER AMENDING AND CLARIFYING DESIGNATION Re: [158-1] order, G-02-299 shall no longer be consolidated into Newby, but shall proceed as a coordinated case, entered; Parties notified. (signed by Judge Melinda Harmon ) (tward)
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Filing 167
ORDER re: RINIS Travel Service Inc Profit Sharing Trust UA 6-1-1989 and Michael J Rinis, IRRA's motion for leave to file preliminary objections to proposed stipulation of settlement (#1703 H01-3624) and Settlement Class Members (James H Allen Jr, Burton W Carlson Jr and Michael T DeFreece et al) motion for permission to intervene for the purpose of objecting to the proposed partial settlement (#1686 H01-3624). Counsel for pltf's shall file responses to these motions within five days of the entry of this order. Pltf's counsel should inform any objectors made known to counsel that to insure their appellate rights are protected, the objectors should file appropriate motions to intervene, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 10/02/2003
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Filing 166
(H 02-3786, H 02-3787, H 02-3794, H 02-3795) ORDER OF REMAND: for the reasons indicated in the Court's memorandum and order of remand of G-02-585 (#1661 in Newby), pltfs' second motions to remand are granted (#5 in H-02-3786 - remanded to 164th JDC Harris County TX) (#5 in H-02-3787 - remanded to the 333rd JDC Harris County TX) (#5 in H-02-3794 - remanded to 272nd JDC Brazos County TX) (#5 in H-02-3795 - remanded to 55th JDC Harris County TX), entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 165
(H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1, Louise R Pepe is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 164
(H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1, Thomas J Rechen is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 163
(H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1, Charles F Willson is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 162
(H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1; James G Green Jr is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 161
(H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1; Richard Goldstein is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 159
NOTICE OF ORDER re [158-1] memorandum and order, entered; Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 158
MEMORANDUM AND ORDER granting American National et al's (#1254-1 H01-3624) request/motion for Court consideration of supplemental authority; granting American National et al's (#1255-1 H01-3624) request/motion for Court consideration of supplemental authority; granting American National et al's (#1283-1 H01-3624) second request/motion for Court consideration of supplemental authority; granting American National et al's (#1359-1 H01-3624) request/motion for Court consideration of supplemental authority; granting American National et al's (#1360-1 H01-3624) third request/motion for court consideration of supplemental authority; granting JP Morgan Chase's (1295-1 H01-3624) request for court consideration of additional authorities; granting American National et al's (#1024-1 H01-3624) motion for reconsideration of (#995-1 H01-3624) memorandum and order denying remand to state Court; denying American National et al's (#1024-1 H01-3624) alternative request for permission to appeal; American National et al's motion to remand (#13 G02-723) is denied; American National et al's motion for reconsideration of (#7-1 G02-299) order denying remand is granted and request for permission to appeal pursuant to USC 1292(b) is denied (#14 G02-299); American National et al's request/motion for Court consideration of supplemental authority is granted (#9 G02-299); American National et al's second request/motion for Court consideration of supplemental authority is granted (#10 G02-299); request by JP Morgan Chase & Co for Court consideration of additional authority is granted (#12 G02-299); American National et al's third request/motion for Court consideration of supplemental authority is granted (#13 G02-299); American National et al's motion to remand to state court (56th Judicial Court of Galveston County, TX) is denied (#7 G02-463); American National et al's request/motion for Court consideration of supplemental authority is granted (#11 G02-463); American National et al's third request for court consideration of supplemental authority is granted (#17 G02-463); G02-299, G02-463 and G02-723 are hereby designated coordinated cases and that the clerk shall enter them on the Newby docket sheet as such to insure that counsel receive copies of all instruments filed in that action, entered. Parties notified. (signed by Judge Melinda Harmon) (tward)
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Filing 157
NOTICE OF ENTRY OF MEMORANDUM AND ORDER re [156-1] memorandum and order re Tittle defendants' motions to dismiss, entered; Parties notified. (signed by Judge Melinda Harmon ) (ddarneille)
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Filing 156
MEMORANDUM AND ORDER RE TITTLE DEFENDANTS' MOTIONS TO DISMISS: All claims against the Cash Balance Plan are dismissed without prejudice; all claims under counts I-IV against Barnhart and Causey are dismissed without prejudice; all claims under I & II against Skilling are dismissed without prejudice (re #314 @ 10-11 in H.01-3913); the claim against Lay under count I for fraudulent promotion of Enron stock is dismissed without prejudice. Michael J Kopper's motion to dismiss (#207 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; Arthur Andersen LLP's motion to dismiss (#208 in H.01-3913) is denied as to count I (ERISA) and count VIII but otherwise granted; Rebecca Mark-Jusbasche's motion to dismiss (#209 in H.01-3913) is granted as to RICO and common-law conspiracy claims; Michael C Odom's motion to dismiss (#210 in H.01-3913) is granted as to the RICO claims but denied as to Texas common-law negligent misrepresentation claims; Ken L Harrison's motion to dismiss (#216 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; Lou L Pai's motion to dismiss (#222 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; Citigroup Inc and Salomon Smith Barney's motion to dismiss (#227 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; JP Morgan Chase Co's motion to dismiss (#229 in H.01-3913) and corrected motion to dismiss (#351 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; Enron Savings Admini, Administrative Comm (Cash Balance Plan), The Administrative (Employee Stock Ownership Plan)'s motion to dismiss (#231 in H.01-3913) is denied; Vinson & Elkins LLP et al's motion to dismiss (#232 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; James V Derrick Jr's motion to dismiss (#233 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; Cindy K Olson's motion to dismiss (#234 in H.01-3913) is denied as to the ERISA claims Richard A Causey's motion to dismiss (#235 in H.01-3913) is granted as to all claims; Credit Suisse First Boston Corp's motion to dismiss (#236 in H.01-3913) is granted as to RICO and common-law conspiracy claims; Merrill Lunch & Co's motion to dismiss (#238 in H.01-3913) is granted as to the RICO and common-law conspiracy claims; the Outside Director Defts' (Belfer, Blake, Chan et al) motion to dismiss (#240 in H.01-3913) is denied as to ERISA counts IV and V against the Compensation Committee members (ie: Blake, Duncan, Jaedicke and LeMaistre) and granted in all other respects; the Northern Trust Co's motion to dismiss counts II and III (#241 in H.01-3913) is denied; Andrew S Fastow's motion to dismiss (#244 in H.01-3913) is granted as to the RICO and conspiracy claims; Jospeh Sutton's motion to dismiss (#251 in H.01-3913) is granted as to the RICO and conspiracy claims; Jeffrey K Skilling motion to dismiss (#262 in H.01-3913) is granted; Kenneth L Lay's motion to dismiss (#264 in H.01-3913) is denied as to ERISA and granted as to RICO and common-law conspiracy claims; Certain Officer Defts' (Baxter, Buy, Frevert et al) motion to dismiss (#265 in H.01-3913) is granted as to RICO and common-law conspiracy claims; Certain Administrative Committee defts' (Baxelides, Barnhart, Crane et al) and Mikie Rath's motion to dismiss (#269 in H.01-3913) is denied; Enron Corp's motion to dismiss (#370 in H.01-3913) is denied. Pltfs' motion to leave to file notice of supplemental authority re WorldCom ERISA Litigation (#598 in H.01-3913) is granted; the Secretary of Labor's request/motion for leave to file response to supplement to Outside Directors' motion to dismiss ERISA claims (#624 in H.01-3913) by Elaine Chao is granted; Pltfs' motion for leave to file notice of supplemental authority regarding KMart ERISA Litigation in opposition to defts' motion to dismiss by Pamela M Tittle et al (#628 in H.01-3913) is granted. Tittle Pltfs to notify Court asap if they wish to amend their motion for class certification indicating the amount of time needed to file a superseding motion, entered. Parties notified. (signed by Judge Melinda Harmon) (in EXPANDEX FOLDER) (ddarneille) Modified on 10/01/2003
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| Andrew Fastow's memorandum in support of motion to quash subpoena re: Bankruptcy Case Number 01-16340 (AJG) and Adversary Proceeding Number 02-03119 (AJG), received and fwd'd to CRD. (tward) |
| Filing 160 Simultaneous Telephone Conference held before United States District Judge Melinda Harmon and United States Bankruptcy Judge for the Southern District of New York Arthur Gonzalez. Apps: see attached. The telephone conference was held on the motion of the Financial Institutions (#1678 in H.01-3624) to add certain pltfs to the Court-ordered mediation. The Court heard opposition by pltfs named in the motion as stated on the record. The motion is granted and denied, as stated on the record. The parties will file an agreed order for the Courts to sign, as stated on the record, filed. Ct Reporter: J Simon. (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to John Lee Ringgenberg re: [148-1] order, [149-1] order, remailed to updated forwarding address (forwarding order expired). (ddarneille) |
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Filing 155
(H 03-3393) ORDER OF COORDINATION: H 03-3393 (based on "related to" bankruptcy jurisdiction) is designated as a "coordinated case" with Newby (H.01-3624), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 154
ORDER granting Michael J Kopper's [142-1] motion to postpone discovery and [142-2] motion to stay answers during pendency of criminal proceedings; granting David Duncan's motion to postpone and/or stay discovery during the pendency of criminal proceedings (#1646 in Newby), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 153
(H 03-3508) ORDER OF COORDINATION: H 03-3508 is designated as a "coordinated case" with Newby (H.01-3624) for noticing purposes, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 152
(H 03-3481) ORDER OF COORDINATION: case H.03-3481 is designated as a "coordinated" case with Newby (H.01-3624) for noticing purposes, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 151
ORDER appointing liaison counsel. Roger Greenberg (Schwartz Junell et al, Two Houston Center, 909 Fannin Ste 200, Houston TX 77010, phone: 713-752-0017) is appointed for the Newby Plaintiffs; Robin L Harrison (Campbell Harrison et al, 4000 Two Houston Center, 909 Fannin St, Houston TX 77010, phone: 713-752-2332) is appointed for the Tittle Plaintiffs; Robin C Gibbs (1100 Louisiana St Ste 5300, Houston TX 77002, phone: 713-650-8805) is appointed for both Newby and Tittle Defendants, entered; Parties notified & cc: Michael J Beck, Clerk of the Panel. (signed by Judge Melinda Harmon) (ddarneille) Modified on 09/16/2003
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Filing 150
MEMORANDUM AND ORDER OF REMAND of member case G.02-0585 to the 56th Judicial District Court in Galveston County, Texas; pltfs' motion for clarification (#6 in G.02-0585) is moot; deft Mark-Jusbache's motion to strike (#1193 in H.01-3624) is denied; pltfs' motion to remand is granted, entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H 03-3508 (transferred from Southern District of California Bankruptcy Court/San Diego, SDCA BKAP case # 03-90155-LA) (ddarneille) |
| Consolidated Lead Case; Member case H 03-3481 (transferred from Northern District of California Bankruptcy Court/San Francisco, NDCA BKAP case # 03-3274-TC) (ddarneille) |
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Filing 149
(H 03-3320) ORDER OF COORDINATION: case H.03-3320 is designated as a "coorodinated" case with H.01-3624 and H.01-3913, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 09/16/2003
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Filing 148
NOTICE, entered. The Court URGES all counsel send to the Clerk an authorization for for facsimile transmission of all future orders and notices. Parties notified. ( signed by Judge Melinda Harmon ) (amaly)
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| Consolidated Lead Case; Member case H 03-3320 (transferred from Western District of Texas/Austin, WDTX case # 1:03cv114) (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to Bruce W Day atty for Merrill Lynch re: [145-1] transfer order; marked "insufficient address" - address correct - remailed. (ddarneille) |
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Filing 147
ORDER OF DISMISSAL granting pltfs' motion for voluntary dismissal without prejudice (of member case H.02-0576) (filed in H.01-3624 #1598) and recognizing pltfs' statement of intent to proceed under the Newby consolidated amended complaint by Ralph A Wilt Jr, Kieran J Mahoney and David I Levine, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 146
ORDER granting motion to withdraw counsel (filed in H.01-3624 #1611); James F Marshall is withdrawn and Todd W Hutton is substituted as pltfs' attorney in charge for pltfs Ralph A Wilt Jr, Kieran J Mahoney and David I Levine (re: H.02-0576), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 145 TRANSFER ORDER transferring Northern District of California Bankruptcy Adversary case #3:03-3274 and Western District of Texas case #1:03-114 to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
| Filing 144 CONDITIONAL TRANSFER ORDER (CTO-15) transferring Southern District of California Bankruptcy Adversary case # 3:03-90155 to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
| Filing 143 (H 01-3624, H 01-3913, H 02-3401) TRANSCRIPT OF PROCEEDINGS of Settlement Hearing held 7/24/03 before Judge Melinda Harmon, filed. (Court Rptr: F Warner) (ddarneille) |
| Filing 142 (H.01-3624, H.01-3913, H.02-3786, H.02-3787, H.02-3794, H.02-3795, H.03-1087, H.03-1219, H.03-1580, H.02-0576, H.02-4788) MOTION to postpone discovery and to stay answers during pendency of criminal proceedings by Michael J Kopper, Motion Docket Date 8/18/03 [142-1] motion, 8/18/03 [142-2] motion , filed. (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to atty Floyd Abrams re: [135-1] order; address correct, remailed. (ddarneille) |
| Filing 141 Rec'd Copy of MOTION for L Shane Seaborn to withdraw as attorney for pltf Sherrill Thomas (re: H.02-4136) filed with the JPMDL. (ddarneille) Modified on 08/05/2003 |
| Filing 140 Notice of change of firm name by Cuneo Waldman & Gilbert LLP, formerly The Cuneo Law Group PC; the address, phone and fax numbers will remain the same, filed. (ddarneille) |
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Filing 138
NOTICE OF ENTRY OF ORDER re: [137-1] order preliminarily approving settlement; the 11 page order and exhibits will not be mailed to each party by the Clerk's Office, but may be obtained from the Notable Cases section of this Court's website (www.txs.uscourts.gov), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 07/24/2003
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Filing 137
ORDER PRELIMINARILY APPROVING SETTLEMENT; the Settlement Hearing shall be held at 10:00 10/23/03 before Judge Melinda Harmon, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 136 Minute entry: Preliminary Approval Hearing held. Apps: See attached. Hearing held on stipulation of partial settlement (#1554 in Newby). The Court did review addendum #1 to stipulation of partial settlement and Outside Director defts' request for clarification regarding scope of proposed settlement bar order, as stated on the record. Keith Park, for Newby pltfs, summarized settlment details, as stated on the record, followed by Clyde Platt, for Tittle pltfs. Deadlines given on the record. Final Approval Hearing is set for 10:00 10/23/03 before Judge Melinda Harmon . The Court will sign order preliminarily approving settlement. Ct Reporter: F Warner. (ddarneille) Modified on 07/24/2003 |
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Filing 139
ORDER OF CONSOLIDATION; member case G.03-481 is consolidated into lead case H.01-3624 pursuant to 12/12/01 order of consolidation, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 135
ORDER SUPPLEMENTING [128-1] Scheduling Order; pltfs' counsel in the private cases, in consultation with Lead Counsel in Newby, to work out a procedure by which they can participate in discovery and avoid duplication of discovery directed to common defts. Discovery which is unique to any Tittle consolidated action shall proceed solely in consultation with Co-Lead counsel for Tittle, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 132
ORDER OF CONSOLIDATION; Member case H.03-2345 (transferred from USDC MDTN case # 3:02cv1177) is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 134
ORDER pursuant to L R 1; Dorothy R Drake is admitted pro hac vice to represent The Retirement Systems of Alabama et al, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 133
ORDER pursuant to L R 1; Michael K K Choy is admitted pro hac vice to represent The Retirement Systems of Alabama et al, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 131
(H 01-3624, H 03-1580, H 03-1558, H 03-1579) ORDER pursuant to L R 1; Douglas R Steinmetz is admitted pro hac vice to represent Connecticut Resources Recovery Authority, entered. Parties ntfd. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 130
(H 01-4475, H 01-3624) Copy of ORDER OF DISMISSAL withhout prejudice; granting pltf Jerome F Paquin's motion for voluntary dismissal (#1557 in H.01-3624) of member case H.01-4475, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 128
SCHEDULING ORDER: Counsel for pltfs who have decided to proceed under the Newby or Tittle consolidated amended complaints shall file a statement to that effect within 2 weeks from entry of this order. All other suits are stayed as to the filing of amended pleadings and/or responsive pleadings until the motions for class certification are resolved, but discovery may proceed. After the Court has ruled on class certification motions, pltfs shall within 2 weeks of entry of the relevant class certification order either 1) elect to proceed under the consolidated amended complaint in Newby or Tittle (or both) and dismiss their initial petitions/complaints or 2) file a statement that they will proceed under their own petitions/complaints (or request leave to amend). Defts to file amended responsive pleadings within 30 days of the filing of such amended complaints; pltfs' replies to be filed within 30 days of the filing of motions to dismiss. Newby and Tittle deadlines are as follows: Discovery cutoff 9/15/03; Responses to motions for class certification due 10/16/03; Lead Pltf's reply due 11/17/03; Document production to be completed by 10/1/03; Depositions not to be taken before 1/10/04 without Court approval; Deadline for Joining of new parties or filing third-party complaints or cross complaints is 1/10/04; Fact discovery shall be completed by 12/17/04; Pltf expert witness list to be submitted by 1/7/05; Deft expert witness list to be submitted by 2/25/05; Pltfs' rebuttal expert witnesses to be furnished by 3/15/05; Expert discovery by 4/15/05; Deadline for filing motions for summary judgment 5/2/05; Opposition (if filed before 4/15/05) due 45 days after the date the motion is filed; Opposition (if filed after 4/15/05) due by 7/1/05; Replies due 30 days after opposition is filed. Pretrial orders (in Newby and Tittle) to be filed by 9/15/05; Pretrial Conference set for 1:30 10/3/05; Trials begin at 9:00 10/17/05 before Judge Melinda Harmon, entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 07/15/2003
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| Filing 129 Scheduling conference held before Judge Melinda Harmon. Ct Reporter: C Metzger. Appearances as stated on the record. the Court heard all issues on scheduling, as stated on the record. Scheduling Order to issue. (ddarneille) |
| Rec'd and fwd'd to CRD: motion and order for admission pro hac vice by Douglas R Steinmetz seeking to represent Connecticut Resources Recovery Authority (re: H.01-3624, H.03-1580, H.03-1558, H.02-1579) (ddarneille) |
| Rec'd & fwd'd to CRD: motion and order for admission pro hac vice by Michael K K Choy seeking to appear for The Retirement Systems of Alabama et al. (ddarneille) |
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Filing 127
ORDER OF CONSOLIDATION; member case H.03-2308 is consolidated into lead case H.01-3624; notice to counsel of scheduling conference set for 9:00 7/10/03, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 126
(H.01-3645, H.01-3996, H.01-3997, H.01-3995) ORDER pursuant to notices of dismissal filed in the member cases, H.01-3996, H.01-3997 and H.01-3995 are SEVERED from H.01-3645 (Pirelli) and DISMISSED without prejudice, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 125
(H.01-3624, H.01-4248) ORDER pursuant to pltfs' [107-1] notice of voluntary dismissal in H.01-4248, the member case is SEVERED from H.01-3624 (Newby) and DISMISSED without prejudice, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 123 ***THIS INSTRUMENT WAS DOCKETED IN ERROR AND HAS BEEN REMOVED FROM THIS CASE*** (H.01-3624, H.01-3913, H.02-0851) MEMORANDUM by Claimants (H.02-0851) in support of [122-1] objection and response to motion to stay arbitration, filed.(ddarneille) Modified on 07/09/2003 |
| Filing 122 ***THIS INSTRUMENT WAS DOCKETED IN ERROR AND HAS BEEN REMOVED FROM THIS CASE*** (H 01-3624, H 01-3913, H 02-0851) OBJECTION and RESPONSE to motion to stay arbitration proceeding by Claimants (H02-0851), filed. (ddarneille) Modified on 07/09/2003 |
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Filing 124
ORDER OF CONSOLIDATION pursuant to order entered 12/12/01 member case H.03-2257 is consolidated into lead case H.01-3913 and counsel are notified of the scheduling conference set for 9:00 7/10/03, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 121
(H 01-3624, H 03-2264, H 03-1219) ORDER OF COORDINATION; H.03-2264 and H.03-1219 are designated "coordinated cases" in conjunction with Newby (although they do not allege securities violations) they shall be added to that case for noticing purposes, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 07/03/2003
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| Consolidated Lead Case; Member case H.03-2345 (transferred from Middle District of Tennessee/Nashville Division, MDTN case # 3:02CV1177) (ddarneille) |
| Consolidated Lead Case; Member case H 03-2308 (transferred from Middle District of Alabama/Northern Division, MDAL case # 2:03CV69) (ddarneille) |
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Filing 120
(H.01-3624, H.01-3913, G.02-585, G.02-723, H.02-3786, H.02-3787, H. 02-3794, H.02-3939) ORDER setting scheduling conference for 9:00 7/10/03 before Judge Melinda Harmon , entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H 03-2264 (transferred from Northern District of Oklahoma, NDOK case # 4:03CV86) (ddarneille) |
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Filing 119
Certified copy of ORDER OF CONSOLIDATION; member case H.03-2240 is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| MAIL RETURNED UNDELIVERABLE as to Deborah R Gross, atty for Stoneridge Investments re: [116-1] order marked "postage due"; remailed. (ddarneille) |
| Consolidated Lead Case; Member case H 03-2240 (transferred from Southern District of New York/Foley Square, SDNY case # 1:03CV1559) (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to James Eric Wren, atty for Tittle pltfs re: [116-1] order; called and verified address, remailed. (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to David L Belt re: [116-1] order, "returned for postage"; remailed. (ddarneille) |
| Filing 118 TRANSFER ORDER transferring Middle District of Alabama case # 2:03-69, Northern District of Oklahoma case # 4:03-86 and Middle District of Tennessee case # 3:02-1177 to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
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Filing 117
(H 03-1580) Certified copy of ORDER granting consolidated pltf Connecticut RRA's motion for reconsideration (#103 in H.02-1580) (construed by the Court as motion for clarification) of [102-1] order dated 5/28/03 referring case to mediation; the only parties in MDL 1446 referred to mediation were the pltfs with claims against the deft financial institutions (Arthur Andersen LLP was not included in this group) and those financial institutions (none are involved in H.03-1580, which accordingly is not included in the referral), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 116
(H 01-3624, H 01-3913, G 02-585, G 02-723, H 02-1150, H.02-3786, H.02-3787, H.02-3794, H.02-3939) AMENDED ORDER referring certain parties to this case to Mediation including the Debtors' Group (Enron Corp et al), the Plaintiffs' Group (pltfs in MDL 1446, H.01-3624, H.01-3913) and the Financial Institutions' Group, entered. Parties ntfd. William C Conner is added as mediator (signed by Judge Melinda Harmon and Judge Arthur J Gonzalez, Bankruptcy Judge) (ddarneille) Modified on 06/17/2003
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| Rec'd copy of Arthur Andersen LLP's response to Choucroun's motion to vacate CTO-13 (re: USDC WDTX CA #A13 CA 0114H), filed with the Judicial Panel on Multidistrict Litigation, fwd'd to CRD. (ddarneille) |
| Filing 114 ***THIS INSTRUMENT WAS DOCKETED IN ERROR AND HAS BEEN REMOVED FROM THIS CASE*** (H.01-3624, H.01-3913, H.02-0851) APPENDIX to [112-1] motion to stay related NASD arbitration and [113-1] support memorandum by UBS Painewebber and UBS Warburg, filed. (ddarneille) Modified on 07/09/2003 |
| Filing 113 ***THIS INSTRUMENT WAS DOCKETED IN ERROR AND HAS BEEN REMOVED FROM THIS CASE*** (H.01-3624, H.01-3913, H.02-0851) MEMORANDUM by UBS Painewebber and UBS Warburg in support of [112-1] motion to stay related NASD arbitration, filed. (ddarneille) Modified on 07/09/2003 |
| Filing 112 ***THIS INSTRUMENT WAS DOCKETED IN ERROR AND HAS BEEN REMOVED FROM THIS CASE *** (H 01-3624, H 01-3913, H 02-0851) MOTION by UBS Painwebber and UBS Warburg to stay related NASD arbitration , Motion Docket Date 7/3/03 [112-1] motion , filed. (ddarneille) Modified on 07/09/2003 |
| Rec'd copy of Arthur Andersen LLP's response to Calpers' motion to vacate CTO-13 and request for stay (re: USBC NDCA Adversary Proceeding #03-3274(DM)), filed with the Judicial Panel on Multidistrict Litigation, fwd'd to CRD. (ddarneille) |
| Filing 111 SUBMISSION by Certain Financial Institutions (Credit Suisse First Boston LLC, J P Morgan Chase & Co, Citigroup Inc and its subsidiary Salomon Smith Barney Inc, Canadian Imperial Bank of Commerce, Bank of America Corp, Merrill Lynch & Co, Barclays PLC, Lehman Brothers Holding Inc and Deutsche Bank AG) regarding the appointment of a mediator, filed (re: [108-1] order referring to mediation and [108-1] order modifying order) (ddarneille) |
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Filing 110
Certified copy of ORDER OF CONSOLIDATION; member case H.03-1241 is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 109 CONDITIONAL TRANSFER ORDER (CTO-14) transferring Southern District of New York case # 1:03-1559 to the Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
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Filing 108
ORDER MODIFYING ORDER, dated May 28, 2003: Judge Duffy has informed the Court that he is unable to serve as mediator concerning these cases; the Courts will select another mediator and advise the parties accordingly. The 5/28/03 order otherwise remains in full force except for the references to Judge Duffy (to be replaced by the name of the selected mediator), entered; Parties notified. (signed by Judge Melinda Harmon and Arthur J Gonzalez, Bankruptcy Judge) (ddarneille)
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Filing 102
ORDER referring certain parties to this case to Mediation including the Debtors' Group (Enron Corp et al), the Plaintiffs' Group (pltfs in MDL 1446, H-01-3624, H-01-3913) and the Financial Institutions' Group, entered. Parties ntfd. Kevin T Duffy is added as mediator (signed by Judge Melinda Harmon and Judge Arthur J Gonzalez, US Bankruptcy Judge) (ddarneille)
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| Filing 101 Minute entry: Status Conference held. Apps: see attachment. Ct Reporter: E Reed. Status conference held jointly with US Bankruptcy Judge Arthur J Gonzalez, Southern District of New York. Mediation is ORDERED, as stated on the record. (ddarneille) |
| Filing 107 (H 01-4248 member of H 01-3624) Notice of Voluntary Dismissal as to Arthur Andersen LLP, David Duncan, D Stephen Goddard Jr, John Nieman, William Swanson, Dean Swick and Tom Elsenbrook by pltfs william Coy and Candy Mounter, filed. (ddarneille) |
| Filing 106 AFFIDAVIT by Eva N Neufeld, Assistant General Counsel for Northern Plains Natural Gas Company, general partner of Northern Border Part Re: [103-1] motion for protective order, filed. (ddarneille) |
| Filing 105 AFFIDAVIT by Dorothy Lancaster McCoppin, Vice President, General Counsel and Assistant Secretary of Citrus Corp Re: [103-1] motion for protective order, filed. (ddarneille) |
| Filing 104 MEMORANDUM by Citrus Corp, Northern Border Part in support of [103-1] motion for protective order, filed. (ddarneille) |
| Filing 103 MOTION for protective order by Citrus Corp, Northern Border Part, Motion Docket Date 6/16/03 [103-1] motion , filed. (ddarneille) |
| MAIL RETURNED UNDELIVERABLE as to Charles G King for Bank of America in Enron Corp Securitie re: [99-1] order; corrected address and remailed. (ddarneille) |
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Filing 100
ORDER setting status conference for 2:00 pm (central daylight savings time) 5/28/03 before Judge Melinda Harmon & 3:00 pm (eastern daylight savings time) before Judge Arthur J Gonzalez (US Bankruptcy Court, Southern District of New York) , entered; Parties notified. (signed by Judge Melinda Harmon and Judge Arthur J Gonzalez) (ddarneille)
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| Filing 115 (H 01-3624, H 01-3913, H 02-0851) NOTICE of name change by UBS PainWebber Inc and UBS Warburg LLC; name changed to UBS Financial Services Inc (for UBS PainWebber Inc) and to UBS Securities LLC (for UBS Warburg LLC), filed. (ddarneille) |
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Filing 99
ORDER that the Enron Insider Defts Joseph W Sutton's motion to reconsider his motion to dismiss (#1346) and Stanley C Horton's motion for reconsideration (#1361), both regarding denial of their motions to dismiss are DENIED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 98
ORDER OF CONSOLIDATION of H-03-1276 Westboro Properties, etal v Credit Suisse First Boston, etal into Newby, etal vs Enron Corp., etal H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Consolidated Lead Case; member case H.03-1580 (transferred from District of Connecticut, DofCT/New Haven case # 03-CV-79) (ddarneille) |
| Consolidated Lead Case; member case H 03-1579 (transferred from District of Connecticut, DofCT/New Haven case # 02-CV-2107) (ddarneille) |
| Consolidated Lead Case; member case H.03-1558 (transferred from District of Connecticut, DofCT/New Haven case # 02-CV-2095) (ddarneille) |
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Filing 97
ORDER OF CONSOLDIATION: Civil Action H-03-1248 is CONSOLIDATED into H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 96
(Re: Headwaters Capital, LLC, etal vs Kenneth L Lay, etal H-03-341) Certified Copy of ORDER: Pltfs' motion to dismiss with prejudice all claims against Defts Goldman Sachs Group, Inc and Goldman, Sachs & Co is GRANTED and all claims brought by Pltfs Headwaters Capital, LLC and JAS Securities, LLC against the Defts Goldman, Sachs Group, Inc and Goldman, Sachs & Co are DISMISSED WITH PREJUDICE; Pltfs' claims against the remaining Defts in this action are unaffected by this dismissal with prejudice of their claims against Goldman Sachs Group, Inc and Goldman, Sachs & Co; Costs are assessed against the party incurring same, entered; Ptys notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Green Receipt Card signed and returned by Clerk's Office, USDC, District of Connecticut, Waterbury Division, Waterbury, Connecticut on 4/3/03 Re: Request for their file 3:03-79; fwd to file (fmremp) |
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Filing 95
ORDER that Lead Plaintiff's motion for leave to file first supplemental complaint (#1240 in H-01-3624) with respect to claims against Merrill Lynch and Motion for leave to file the consolidated amended complaint on 6/16/03 is MOOT; As Soon As Possible Lead Plaintiff shall file a brief but adequately informative summary of the parties Lead Plaintiff wishes to add and the claims it wishes to assert against them, and send a copy to all counsel; the twenty day period for responding to the motion shall begin to run at the time that summary is served upon counsel; any party that may have filed a response before entry of this order and its receipt by counsel may file a supplemental response. entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Consolidated Lead Case; member case H.03-1483 (transferred from Southern District of Mississippi, SDMS/Jackson case # 02-CV-1704) (ddarneille) |
| Green Receipt Card signed 4/26/03 and returned by Clerk's Office, USDC, District of Connecticut, Bridgeport, Connecticut re: MDL Order requesting transfer of their files 3:02-2095 and 3:02-2107 to the USDC, SDTX, Houston Division for consolidation with MDL 1446 Enron; fwd to file (fmremp) |
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Filing 94
ORDER that Fastow's opposed motion to postpone answer (instrument #1322 filed in H-01-3624) until the conclusion of the criminal proceedings against him is GRANTED, entered; Ptys notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 93
Certified Copy of ORDER: (Re: 01-3624 - This Document Related to All Cases) In light of the Court's Memorandum and Order Re Remaining Enron Insider Defendants, which lifted the discovery stay in Newby, the Court ORDERS that the Regents of the University of California [1316-1] motion for authority to access documents already produced by LJM2 in Enron Corporation's Chapter 11 Bankruptcy Case is MOOT, entered; Ptys notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 92
Certified Copy of MEMORANDUM AND ORDER (Re: 01-3624 - The Document Relates to All Cases) Lead Plaintiff shall supplement or amend its complaint as indicated in this and prior orders and shall file a copy of the Powers Report w/in twenty days of this order or inform the Court of any claims it no longer wishes to pursue against any and all Defendants - Conditioned upon that amendment / supple- tation, the Court ORDERS that (1) Ken L Harrison's [621-1] motion to dismiss is DENIED; (2) Lou Pai's [624-1] motion to dismiss is DENIED; (3) Richard B Buy's [637-1] motion to dismiss is DENIED; (4) Joseph M Hirko's motions to dismiss (duplicatively filed as [639-1] and [685-1] are GRANTED; (5) Kenneth D Rice's [640-1] motion to dismiss is DENIED; (6) Richard A Causey's [642-1] motion to dismiss is DENIED; (7) Jeffrey McMahon's [644-1] motion to dismiss is DENIED; (8) James V Derrick, Jr's [649-1] motion to dismiss is GRANTED; (9) Kevin P Hammons's [655-1] motion to dismiss is DENIED; (10) Kenneth L Lay's [683-1] motion to dismiss is DENIED and (11) Jeffrey K Skilling's [718-1] motion to dismiss is DENIED; The Court further ORDERS that the discovery stay under the PSLRA is LIFTED; Lead Pltf shall confer with counsel for all parties and submit a joint proposed schedule for discovery in Newby and Tittle and for any additional briefing related to class certification in Newby or, if necessary, request a hearing before the Court to establish one; the Court will set a class certification hearing after reviewing that briefing, entered. Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Filing 91 CERTIFIED COPY OF TRANSFER ORDER from the Multidistrict Litigation Panel pursuant to 28 USC 1407, these four actions are transferred to the Southern District of Texas, Houston Division and assigned to Judge Melinda Harmon for coordinated or consolidated pretrial proceedings: District of Connecticut Cases 3:02-2095 Connecticut Resources Recovery Authority v Lay, etal, (Bridgeport) 3:02-2107 CT Resources Recovery Authority v Kenneth Lay, LLP, etal, (Bridgeport), 3:03-79 CT Resources Recovery Authority vs Murtha Cullina,LLP, etal (Waterbury) and 3:03-79 PERS of Mississippi, etal vs Kenneth L Lay, etals, SD Mississippi,(Jackson) 3:01-1704 vs entered; Parties notified. (Wm Terrell Hodges, Chairman, MDL Panel) (fmremp) |
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Filing 90
ORDER that Certain Officer Defendants' (Steven J Kean, Mark E Koenig, Lawrence Greg Whalley, Mark A Frevert, and Cindy K Olson's) motion for reconsideration and clarification of the Court's denial of their motions to dismiss (instr #1318) is DENIED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 89
STIPULATION AND ORDER (Ref: H-02-3185 Silvercreek Mgmt, Inc, etal vs Salomon Smith Barney, Inc, etal), Defts Salomon Smith Barney, Inc and Banc of America Securities LLC consents to Pltfs' Motion for Leave to File First Amended Complaint, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 88
ORDER that David Jose, etal v Arthur Andersen, LLP, etal is CONSOLIDATED into H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon )(Ref: H-03-1087) (fmremp)
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Filing 87
ORDER that Pltf Rick Barsky's [63-1] motion to amend complaint to join J P Morgan Chase & Co and Citigroup, Inc as additional defts is DENIED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (Ref H-02-1922) (fmremp)
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| Filing 86 NOTICE OF FIRM REGISTRATION AS AN LLP AND NAME CHANGE by Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Attorney for Citigroup, Inc and Salomon Smith Barney, Inc, filed (fmremp) |
| Green Receipt Card signed 4/9/03 and returned by Clerk's Office, USDC, SDNY re: request letter for transfer of their cases 1:02-8137 and 1:02-8656 to the SDTX for consolidation in MDL 1446; fwd to file (fmremp) |
| Consolidated Lead Case; member case H.03-1241 (transferred from Southern District of New York, SDNY/Foley Square case # 1:02-8137) (ddarneille) |
| Filing 84 CONDITIONAL TRANSFER ORDER (CTO-10) transferring Western District of San Antonio Texas case 5:02cv1206 to be included in MDL 1446; rec'd in the Southern District of Texas, Houston Division on 3/27/03 and assigned case number H-03-1087, filed. Parties notified. (fmremp) |
| Filing 85 Certified Copy of CONDITIONAL TRANSFER ORDER from the MDL Panel (CTO-12) transferring Southern District of New York Case Abbey National Treasury Services PLC v Credit Suisse First Boston Corp, etal, Case #1:02-8137 and Case Internationale Kapitalanlagegesellschaft MBH, etal vs Credit Suisee First Boston, etal Case #1:02-8656 to the Southern District of Texas to be included in MDL 1446, filed. Parties notified. (fmremp) |
| Consoldiated Lead Case; member case H-03-1087 (transferred from the USDC, Western District of Texas, San Antonio Division case #02cv1206 (fmremp) |
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Filing 83
ORDER (Re: Mark Newby, etal vs Enron Corp, etal H-01-3624 and Pamela M Tittle, etc, etal vs Enron Corp, etal) (1) The Lead Plaintiff's motion for protective order (#1000 in Newby) is GRANTED as to Defendants' requests for Rule 30(b)(6) designations and notices of depositions of all Regents' officers, directors and agents other than Jeffrey Heil; (2) Enron's overly broad motion for protective order (#1201 in Newby; #541 in Tittle) is DENIED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Filing 82 MINUTES OF MOTION HEARING held before Judge Melinda Harmon on 3/27/03 as to Mark Newby, etal vs Enron Corp, etal H-01-3624 and Pamela M Tittle, etal vs Enron Corp, etal H-01-3913: Ct Rptr - Anne Kielwasser, Attorney Appearances by Kathy Patrick f/Outside Directors, Mary Clark f/Vinson & Elkins, Anthony C Epstein f/Certain Committee Defendants, John Strasburger f/Enron, Barry Abrams/David Braff f/Barclays, Richard W Clary, Oden Volker/Lawrence Finder f/Credit Suisse First Boston Corp, Ronald Cook f/Alliance Capital Mgmt, John Kinchen f/Enron, Tom Bilek/Richard Greenberg f/Regents of California, Bill Shepherd f/Cash, Boodard, Lowther & Odom, Robert Stern/Ronald Woods f/Jeffrey Skilling, Lynn Sarko/Britt Tinglum/Clyde A Platt f/Tittle Class Pltfs, Barry Flynn f/David Duncan, Andy Ramzel f/Arthur Andersen, LLP, Bruce Golden f/John A Urquhart, Stephen M Loftin f/Merrill Lynch, Gayle Boone f/James V Derrick, Hugh Whiting f/Lehman Bros, Kathy Patrick f/Outside Directors, Mary Clark f/Vinson & Elkins Pete Kennedy f/Media Intervenors, Jackie Scott/Robyn Tarnofsky f/Citigroup, Jonathan Youngwood/Bruce Argiolillo/Richard Mithoff f/J P Morgan Chase & Co, Greg Markel f/Bank of America and Lesley Hempfling f/Deutsch Bank; Hearing held on the Lead Plaintiff The Regent's Motion for Protective Order (#1000 in Newby) and Enron Corporation's Motion for Confidentiality Order (#1201 in Newby and #541 in Tittle); Attorney Helen Hodges presented argument for Lead Plaintiff The Regents (#1000) Response by Bruce Angiolillo for JP Morgan Chase in response; John Strasburger appeared on behalf of Enron on their motion for confidentiality order; Response by Paul Howse for Lead Plaintiff; Pete Kennedy addressed the Court on behalf of the Media Intervenors; The Court takes the matter under advisement, as stated on the record; Order to issue, filed (fmremp) |
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Filing 81
ORDER Re: Pending Motions in H-02-3185: (1) Plaintiffs Silvercreek Management, Inc, Silvercreek Limited Partnership, Silvercreek, II Limited, Onex Industries, Partnership's motion to strike the Declaration [Affidavit] of Max Glitter in Support of Goldman, Sachs & Co's ("Goldman Sachs") Motion to Dismiss the Complaint, or Alteranatively to Compel Arbitration is GRANTED; (2) Defendants Banc of America Securities, LLC, Salmon Smith Barney, Inc and Goldman, Sachs' Motion to Strike Declaration of Luise Morwick, or, in the Alternative, Request that the Court Decline to Consider It in Ruling on the Pending Motions to Dismiss is GRANTED; (3) Plaintiffs' Motion to Strike the Declaration [Affidavit] of Richard A Rosen and (4) Plaintiffs' Motion to Strike the Declaration [Affidavit] of Gregory A Markel are DENIED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 80
MEMORANDUM AND ORDER Re Enron Insider Defendant Rebecca Mark-Jusbashe: Mark-Jusbasche's motion to dismiss is GRANTED as to Lead Plaintiff's claims against her under 10(b), 20(a), and 20A of the Exchange Act and under 15 of the 1933 Act; the motion to dismiss is DENIED as to claims under 11 of the 1933 Act, entered. Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 79
MEMORANDUM AND ORDER Re Enron Insider Defendants Stanley C Horton, Cindy K Olson, Lawrence Greg Whalley, Mark A Frevert, Mark E Koenig, Steven J Kean, and Joseph W Sutton; the motions to dismiss filed by Stanley C Horton (#638), Cindy K Olson (#641), Lawrence Greg Whalley (#643), Mark A Frevert (#646), Mark E Koenig (#656), Steven J Kean (#657) and Joseph W Sutton (#686) are DENIED in full, entered. Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 78
MEMORANDUM AND ORDER Re: Motions filed by Enron Insider Defendant Andrew S Fastow: (1) Motion to Dismiss (#670 in Newby) is DENIED; Lead Plaintiff shall amend/supplement its claims against Fastow based on the TSA; (2) motion to postpone discovery during pendency of criminal proceedings (#478 in Newby, #552 in Tittle) and (3) motion for protection from document request of Tittle Plaintiffs, subject to motion to postpone discovery (#476 in Newby; #564 in Tittle) are GRANTED; and (4) motion for leave of court to file reply in support of his motion for postponement of discovery (#794 in Newby; #565 in Tittle) is GRANTED; entered. Ptys notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| For entry #77 see after docket entry #64 dated 2/25/03 (fmremp) |
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Filing 76
ORDER OF CLARIFICATION and MODIFICATION granting joint motion for clarification of the Court's Memorandum and Order Re: Secondary Actors' Motion to Dismiss (#1272 in Newby); [52-1] memorandum and order re secondary actors' motions to dismiss is modified to delete any reference(s) to and/or finding of a Sec 11 claim against Credit Suisse First Boston corporation, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 75
ORDER OF CONSOLIDATION; member case H.03-0860 is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 74
Certified copy of ORDER OF CONSOLIDATION; member case H.03-0815 is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 73
ORDER setting hearing for 1:00 3/27/03 on Lead Pltf's motion for protective order (#1000 in Newby), Lead Pltf's motion to compel compliance with orders entered on 8/16/02 and 10/24/02 (#1132 in Newby) and Enron's motion for confidentiality order (#1201 in Newby and #541 in Tittle), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 72
ORDER that Plaintffs' motion (#1245 in H-01-3624; #13 in H-02-3869) and superseding amended motion (#1247 in H-01-3624; #14 in H-02-3869) to enlarge time until 6/26/03 to serve summonses, complaint, and amended complaint pursuant to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters; the Court finds that the amended motion is GRANTED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 71
ORDER that Arthur Andersen-Worldwide Societe Cooperative's motion to dismiss (#280); and (2) Andersen-United Kingdom's motion to dismiss (#505) are MOOT; in light of the Court's order entered on 8/16/02 in Newby, H-01-3624, instrument #1008, the Court orders that the Tittle Plaintiff's motion for limited production of documents by Enron and Others (#374in Tittle) is also MOOT, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 70
ORDER that Pltfs' motion (#1246 in H-01-3626; #8 in H-02-4080) and superseding amended motion (#1248 in H-01-3626; #9 in H-02-4080) to enlarge time until 6/26/03 to serve summonses, complaint and amended complaint pursuant to the Hague Convention On the Service Abroad of Jusidical and Extra Judicial Documents in Civil and Commercial Matters; the Court finds that the amended motion is GRANTED, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 69
ORDER hat Certain Defendants' (Richard A Cuasey, Richard Buy, Kenneth Rice, Mark Frevert, Jeffrey McMahon, Steven Kean and Joseph Sutton's) motion for protection from Bankruptcy Rule 1004 subpoenas is DENIED, Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 68
NOTICE OF ENTRY OF ORDER: The 151 page order regarding Enron Outside Director Defendants has been entered and will not be mailed to each party by the Clerk's Office; a copy of the order can be obtained from the Notable Cases section of this court's website at ww.txs.uscourts.gov., entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 67
MEMORANDUM AND ORDER Regarding Enron Outside Director Defts' Motions: (1) Certain Defts [1-42-1] motion to strike the Pusifer complaint is DENIED and Lead Plaintiff is granted leave to amend or supplement to add the Pulsifer action's claims to those in the consolidated complaint when a deadline for such amendment is set by the Court; (2) Certain Current and Former Directors' Motion to Dismiss Pursuant to FRCP 8 (#661) is DENIED; (3) [Present and Former Outside Directors] Robert A Belfer, Norman P Blake, Jr, Ronnie C Chan, John H Duncan, Joe H Foy, Wendy Gramm, Robert K Jaedicke, Charles A LeMaistre, John Mendelsohn, Jerome J Meyer, Paulo V Ferraz Pereira, Frank Savage, John Wakeham, Charles E Walker and Herbert S Winokur's motion to dismiss (#662) is GRANTED as to Lead Plaintiff's claims under 10(b); under 20A; under 20(a); and under 11 for failure to plead reliance for purchases of notes issued pursuant to a registration statement filed on 2/5/99, against Amalgamated Bank for a purchase made on 6/29/01 after Enron filed its Form 10-K for 2000 in March 2001 and against Hawaii Laborers and the Archdiocese of Milwaukee for their purchases of notes in May 2000 after Enron filed its Form 10-K for 1999 in March 2000; (4) Outside Directors' motion to dismiss (#662) is DENIED as to the remaining claims under 11; (5) John A Urquhart's motion to dismiss (#647) is DENIED as to claims under 11 and 15 of the 1933 Act; (6) Outside Directors' and Urquhart's motions to dismiss (#662 and 647) are currently DENIED as to claims under TSA, provided that Lead Plaintiff, if it can, repleads all of its claims under the art. 531-33A(2), F(1) and F(2) with the requisite identification of the proper provision and pleading of the appropriate elements with respect to each deft after the Court has finished reviewing the remaining motions to dismiss Lead Plaintiff's complaint in Newby and sets a deadline for amendment/supplementation; Defts in turn may file timely supplemental motions to dismiss such claims; if appropriate; (7) Alliance Capital Management LP's ("Alliance's") motion to dismiss (#618) is DENIED; and (8) Because in reviewing of all motions to dismiss, the Court has been and will continue to weigh whether to permit amendment according to whether Plaintiff has demonstrated in pleadings that it may have a viable claim, Lead Plaintiff's motion for leave to amend (#839) is MOOT, entered. Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) Modified on 03/26/2003
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| Consolidated Lead Case; member case H.03-0862 (transferred from the District of Oregon/Portland case # 3:02CV1392-JO) (ddarneille) |
| Consolidated Lead Case; member case H.03-860 (transferred from the Southern District of New York/Foley Square case # 02CV5768) (ddarneille) Modified on 05/29/2003 |
| Rec'd Transfer file on 3/6/03 from the Southern District of New York Re: Silvercreek Mgmt,Inc etal v Citigroup, Inc, etal, SDNY CA #1:02-8881; assigned CA H-02-815 to Judge Melinda Harmon (fmremp) |
| Filing 66 Certified Copy of TRANSFER ORDER transferring Southern District of New York case #1:02:5768 Hudson Soft, Ltd v Credit Suisse First Boston Corp, etal and Wai Chinn v Robert A Belfer, etal D. Oregon, C A No 3:02-1392 to the Southern District of Texas to be included in MDL 1446, assigned to Judge Melinda Harmon, filed Parties Notified (fmremp) Modified on 03/17/2003 |
| Filing 65 CONDITIONAL TRANSFER ORDER (CTO-9) transferring Southern District of New York case # 1:02-8881 to the Southern District of Texas to be included in MDL 1446, assigned to Judge Melinda Harmon, filed. Parties notified. (fmremp) Modified on 03/17/2003 |
| Filing 77 CONDITIONAL TRANSFER ORDER (CTO-10) transferring Western District of Texas case # 5:02-1206 David Jose et al v Arthur Andersen LLP et al to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) Modified on 04/04/2003 |
| Filing 64 AMENDED COMPLAINT by Pltf Rick Barsky adding J P Morgan Chase & Co and Citigroup, Inc, filed. (fmremp) |
| Filing 63 MOTION to amend complaint to join Defts J P Morgan Chase & Co and Citigroup, Inc by Pltf Rick Barskey (H-02-1922 Barskey v Andersen) (fmremp) |
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Filing 62
ORDER OF CONSOLIDATION of H-03-484 into H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Filing 61 STATUS REPORT by Pltfs David A Huettner, etals (02-2984), filed. (fmremp) |
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Filing 60
ORDER OF CONSOLIDATION of H-03-341 into H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 59
NOTICE OF ENTRY OF ORDER: A Order regarding Individual Andersen Defendants has been entered; the 58 page order will not be mailed to each party by the Clerk's Office; instead, a copy of the order can be obtained from the Notable Cases section of this court's website at www.txs.uscourts.gov, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 58
MEMORANDUM AND ORDER OF PARTIAL DISMISSAL OF CLAIMS Against Individual Andersen Defendants: The motions to dismiss filed by Andersen Defts Thomas H Bauer, Michael L Bennett, Joseph F Bernardino, Deborah A Cash, Donald Dreyfuss, James A Friedlieb, D Stephan Goddard, Jr, Gary B Goolsby, Gregory W Hale, Michael D Jones, Michael M Lowther, Benjamin S Neuhausen, Richard R Petersen, John E Stewart, William E Swanson, Nancy Temple, Roger D Willard (#652) and Michael Odom (#684) are GRANTED as to the claims under 10(b); the motions to dismiss under 20(a) for controlling person liability are DENIED as to Individual Andersen Defts Bernardino, Bauer, Swanson, Stewart, Jones, Lowther, Odom, Goolsby, Goodard, Bennett, Neuhausen, Petersen and Cash, but are GRANTED as to Temple, Dreyfuss, Friedlieb, Willard and Hale; thus Lead Plaintiff's claims against Temple, Dreyfuss, Friedlieb, Willard, and Hale, individually are DISMISSED in full, entered. Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) Modified on 01/28/2003
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Filing 191
ORDER OF CONSOLIDATION; Pursuant to the order of consolidation entered in lead case H01-3624, Newby v Enron Corp et al, on December 12, 2001, cases H-04-87 and H-04-88 are hereby CONSOLIDATED into H-01-3624. The Court further ORDERS that orders setting these newly consolidated cases for initial pretrial and scheduling conferences before United States Magistrate Judge Frances Stacy (instrument # 3 in each file) are VACATED and that the cases shall proceed in tandem with the schedule established in Newby, entered. Parties Notified (Signed by Judge Melinda Harmon) (tward)
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Filing 57
ORDER OF CONSOLIDATION of member case H-02-3680 in lead case H-01-3624, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 56
ORDER OF CONSOLIDATION; member case H.02-4788 is consolidated in lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Green Receipt Card signed and returned by Clerk of the MDL Panel re: receipt of 307 page order in H-01-3624; fwd to file (fmremp) |
| Filing 55 MOTION for confidentialty order by Deft Enron Corp, Motion Docket Date 1/23/03 [55-1] motion , filed. (Re: 01-3624 and 01-3913) (fmremp) |
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Filing 54
ORDER Mr. Lasseter shall file an appropriate and specific motion by 1/3/03. Lead Plaintiff, and any other party desiring to do so, shall file a response by 1/10/03. The Court will review the briefs and set a telephone conference shortly thereafter. Court ORDERS that the contents of the documents in question shall not be released to any third parties until the issue is resolved, entered; Parties notified. ( signed by Judge Melinda Harmon ) (hlerma)
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Filing 53
CERTIFIED COPY OF NOTICE OF ENTRY OF ORDER: Notice is hereby given that an order regarding Secondary Actors' Motions to Dismiss has been entered; the 307 page order will not be mailed to each party by the Clerk's Office, Instead, a copy of the order can be obtained from the Notable Cases section of this court's website at www.txs.uscourts.gov., entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp)
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Filing 52
MEMORANDUM AND ORDER: CIBC's [615-1] motion to dismiss is DENIED; Citigroups [629-1] motion to dismiss is DENIED; J P Morgan Chase & Co's [632-1] motion to dismiss is DENIED; Barclays' [653-1] motion to dismiss is DENIED; Credit Suisse First Boston's [658-1] motion to dismiss is DENIED; Bank of Amnerica's [664-1] motion to dismiss is GRANTED as to claims under 10(b) and 10b-5, but DENIED AS TO lEAD pLTF'S CLAIM UNDER 11 FOR THE 7.35% nOTES DUE ON 5/15/09, pursuant to the Registration Statement of 5/19/99; Provided that Lead Pltf supplements its complaint as indicated supra, Merrill Lynch & Co's motion to dismiss [667-1] is DENIED; Lehman Brothers Holdings, Inc's [679-1] motion to dismiss is GRANTED as to Lead Pltf's claims under 10(b) and Rule 10b-5, but DENIED as toclaims under 11 and the Texas Securities Act; Deutsche Bank AG's [716-1] motion to dismiss is GRANTED; Kirkland & Ellis's [660-1] motion to dismiss is GRANTED; Vinson & Elkins,LLP's [648-1] motion to dismiss is DENIED; Arthur Andersen LLP's [650-1] motion to dismiss is DENIED; Lead Pltf's 10b claims relating to the 7% Exchangeable Notes and 8.37% Notes are DISMISSED, entered. Ptys notified. ( signed by Judge Melinda Harmon ) (fmremp)
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| Consolidated Lead Case; member case H.02-4788 (transferred from the Southern District of Ohio/Columbus case # 2:02cv965) (ddarneille) |
| LETTER NOTICE of attorney appearance for Enron Corp by John B Strasburger, filed in H.01-3913 as doc #535. (ddarneille) |
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Filing 51
ORDER OF CONSOLIDATION and administrative closure; member case H.02-3427 is consolidated into lead case H.01-3645; pltf's motion to remand (document #5 in H.02-3427) is denied; member case H.02-3427 is administratively closed, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 50 Minute entry: motion hearing held held on the Outside Directors' motion for protection from Bankruptcy Rule subpoenas (#1087 in H.01-3624). Apps: K Patrick f/Outside Directors, B Hail f/pltf Official Committee of Unsecured Creditors is admitted pro hac vice, R Mithoff f/J P Morgan Chase. The Court heard argument. The motion is under advisement, as stated on the record. Ct Reporter: K Metzger (ddarneille) |
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Filing 49
ORDER granting [43-1] motion to substitute attorney Scott D Lassetter in place of Stephen D Susman (re: H.01-3624, H.01-3645 and H.01-3913), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 48 CONDITIONAL TRANSFER ORDER (CTO-8) transferring Southern District of Ohio case # 2:02-965 to the Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
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Filing 47
Certified copy of ORDER OF CONSOLIDATION; Member case H.02-0851 is consolidated into civil actions H.01-3624 and H.01-3913, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 46
ORDER OF REMAND: case H.02-4243 (transferred from USDC WDTX/San Antionio case # 5:02cv187) is remanded to the 57th JDC of Bexar County TX; all discovery is enjoined until this Court has ruled on the motions to dismiss in H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 45
Certified copy of ORDER OF CONSOLIDATION; Member case H.02-4080 is consolidated into lead case H.01-3624 pursuant to order entered 12/12/01 in H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 44
Certified copy of ORDER OF CONSOLIDATION; Member case H.02-4197 (transferred from USDC NDCA/San Francisco {case # 3:02cv1533}) is consolidated into lead case H.01-3624; denying pltfs' motion to remand; the California statutory claims re purchase or sale of stock relying on Arthur Andersen's reports during the class period are dismissed with prejudice and the remaining state-law claims remain pending, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 43 (H.01-3624, H.01-3645, H.01-3913) DEFT'S MOTION to substitute attorney Scott D Lassetter in place of Stephen D Susman by Enron Corp, Motion Docket Date 12/5/02 [43-1] motion , filed. (ddarneille) |
| Consolidated Lead Case; member case H.02-4243 (transferred from Western District of Texas/San Antonio Division case # 5:02cv187) (ddarneille) |
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Filing 41
Certified copy of ORDER OF CONSOLIDATION; member case H.02-4149 (transferred from NDIL/Eastern {case 02-CV-5268}) is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 40
Certified copy of ORDER OF CONSOLIDATION pursuant to 12/12/01 order, member case H.02-3869 is consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 39
Certified copy of ORDER OF CONSOLIDATION, SEVERANCE and REMAND; pursuant to 12/12/01 order, member case H.02-4136 (transferred from MDAL {case # 2:02-335}) is consolidated into lead case H.01-3624; pltf's motion to remand (#4 in H.02-4136) is granted and this case is SEVERED from H.01-3624 and REMANDED to the Circuit Court of Bullock County AL (case # CV-2002-17), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; member case H.02-4197 (transferred from Northern District of California/San Francisco Division case # 3:02cv1533) (ddarneille) |
| Consolidated Lead Case; member case H.02-4149 (transferred from Northern District of Illinois/Eastern Division (Chicago) case # 02-CV-5268) (ddarneille) |
| Consolidated Lead Case; member case H.02-4136 (transferred from the Middle District of Alabama/Montgomery case # 02-CV-335) (ddarneille) |
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Filing 42
ORDER VACATING [37-1] transfer order insofar as it relates to District of Oregon case 3:02-394, entered; Parties notified. (signed by Judge Wm Terrell Hodges, Chairman) (ddarneille)
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| Filing 37 (TRANSFER) ORDER transferring the following cases to the Southern District of Texas to be included in MDL 1446: Middle District of Alabama case CA 2:02-335, Northern District of California case CA 3:02-1533 (note: it is ordered that the Global Crossing claims in this case, Terry A Perrin et al v Arthur Andersen LLP et al, are remanded to the Northern District of California), District of Oregon (Portland) case CA 3:02-394 and Western District of Texas case CA 5:02-187; the transfer of 11 Southern District of New York actions (CA 7:02-1550, 7:02-1763, 7:02-1876, 7:02-1977, 7:02-2268, 7:02-2360, 7:02-2701, 7:02-2798, 7:02-2829, 7:02-3025 and 7:02-3170) is denied, filed. Parties notified. (ddarneille) |
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Filing 38
Certified copy of ORDER OF CONSOLIDATION; Member case H.02-3754 (transferred from USDC EDTX/Texarkana {case # 02-CV-30}) is consolidated into lead case H.01-3913, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 36
Certified copy of ORDER OF CONSOLIDATION; Member case H.02-3942 (transferred from USDC SDNY {case # 01-CV-11240}) is consolidated into lead case H.01-3913, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Filing 35 CONDITIONAL TRANSFER ORDER (CTO-7) transferring Northern District of Illinois case # 1:02-5268 to the Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
| Consolidated Lead Case; member case H.02-3942 (transferred from Southern District of New York, SDNY case # 01-CV-11240) (ddarneille) |
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Filing 34
Certified copy of ORDER OF CONSOLIDATION consolidating member case H.02-3401 into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; member case H.02-3754 (transferred from Eastern District of Texas, EDTX/Texarkana case # 02-CV-30) (ddarneille) |
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Filing 33
AGREED ORDER and stipulation to set the date to respond to pltfs' original complaint; deft EOTT Energy Corp has until 10/11/02 to file a response to pltfs' (David A Huettner et al) original complaint (re: H.02-2984), entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Instruments # 27 thru 32 are docketed on 6/7/02 and 6/10/02 (ddarneille) |
| Filing 26 CONDITIONAL TRANSFER ORDER (CTO-6) transferring the following 2 cases to the Southern District of Texas/Houston Division to be included in MDL 1446: Southern District of New York case CA 1:01-11240, Eastern District of Texas case CA 5:02-30, filed. Parties notified. (ddarneille) |
| Filing 25 NOTICE of attorney substitution for John Moore, Linda Bryan (H 01-4326/H 01-3913); terminated attorney William Charles Slusser for Enron Corp Securitie and added Andrew M Schatz. (ddarneille) |
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Filing 24
Certified copy of ORDER OF REMAND; the following cases are SEVERED from H.01-3624 and REMANDED to their respective transferor courts: H.02-0199 remanded to 333rd JDC Harris County TX, H.02-0347 remanded to 272nd JDC Brazos County TX, H.02-0670 remanded to 164th JDC Harris County TX, H.02-0673 remanded to 164th JDC Harris County TX; all discovery if ENJOINED until this Court has ruled on the motions to dismiss, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 23
Certified copy of ORDER OF CONSOLIDATION; member case H.02-3185 (transferred from SDNY case # 1:02CV413) is consolidated into H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H.02-3185 (transferred from Southern District of New York SDNY/Foley Square case # 1:02CV413). (ddarneille) |
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Filing 22
Certified copy of MEMORANDUM AND ORDER OF DISMISSAL denying pltf Blaz's motion to remand (#556 in H.01-3624) because Blaz asserted only class claims based on state law that are preempted by SLUSA; the Court ORDERS that Member Case H.02-1150 is severed from H.01-3624 and Blaz's state-law claims are dismissed with prejudice, H.02-1150 is closed, entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H.02-2984 (transferred from Northern District of Ohio NDOH/E Division case # 1:02CV917). (ddarneille) |
| Consolidated Lead Case; Member case H.02-2977 (transferred from District of Minnesota Dof MN case # 02-400 DSD/SRN). (ddarneille) |
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Filing 21
Certified copy of ORDER OF CONSOLIDATION consolidating member case H.02-2856 into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 20
Certified copy of ORDER OF CONSOLIDATION consolidating member case H.02-2903 into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 08/02/2002
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Filing 19
Certified copy of ORDER OF ADMINISTRATIVE CLOSURE; the Pirelli consolidated action (H.01-3645) is administratively closed, the shareholder derivative actions are the property of Debtor Enron Corporation's bankruptcy estate, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H.02-2903 (transferred from District of Colorado (Denver) D-CO case # 02-D-571 {02CV571}). (ddarneille) |
| Consolidated Lead Case; Member case H.02-2856 (transferred from District of Connecticut D-CT case # 3:02CV0607). (ddarneille) Modified on 07/29/2002 |
| Filing 18 CONDITIONAL TRANSFER ORDER (CTO-4) transferring Northern District of Ohio case CA 1:02-0917 (David A Huettner et al v EOTT Energy Partners LP et al) to Southern District of Texas to be included in MDL 1446, filed. Parties notified. (ddarneille) |
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Filing 17
Certified copy of ORDER OF CONSOLIDATION consolidating member case H.02-2702 into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 16
(G-02-0084/H-01-3624) Certified copy of MEMORANDUM AND ORDER OF REMAND; case G-02-0084 is SEVERED from H-01-3624 and G-02-0084 is remanded to the 56th JDC Galveston County TX where filed under case # 01CV1218, entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H.02-2702 (transferred from Western District of Texas/Austin Division WDTX case # A-02-CA-131). (ddarneille) |
| MAIL RETURNED UNDELIVERABLE re: [12-1] order; corrected atty information and remailed to Philadelphia address. (ddarneille) |
| Consolidated Lead Case (Member case: H.01-4356) (ddarneille) |
| Filing 15 TRANSFER ORDER transferring the following cases to the Southern District of Texas/Houston Division to be included in MDL 1446: Southern District of New York case CA 1:02-413 and Southern District of Texas case CA 4:01-4356, filed. Parties notified. (ddarneille) |
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Filing 14
ORDER VACATING [13-1] conditional transfer order (CTO-1) as it pertains to Western District of Oklahoma case (OKW) CA 5:01-1954 only, entered; Parties notified. (signed by Michael J Beck, Clerk of the Panel) (ddarneille)
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| Filing 13 CONDITIONAL TRANSFER ORDER (CTO-1) transferring the following cases to the Southern District of Texas/Houston Division to be included in MDL 1446: District of Colorado case CA 1:01-571, District of Connecticut case CA 3:02-607, District of Minnesota case CA 0:02-400, Western District of of Oklahoma case CA 5:01-1954, Eastern District of Texas case CA 5:01-331 and Western District of Texas case CA 1:02-131, filed. Parties notified. (ddarneille) Modified on 07/15/2002 |
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Filing 12
Certified copy of ORDER of dismissal without prejudice (original filed in H-02-1108) as to pltf Henry Blaskie; mooting pltf's motion for remand, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ckrus)
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Filing 11
CERTIFIED COPY OF ORDER (original filed in H-02-1830) that pltfs' claim against New Power Holdings is dismissed without prejudice, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ckrus)
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Filing 10
CERTIFIED COPY OF ORDER (original filed in H-02-1828) stating that pltf Leslie Duncan's claim against New Power Holdings Inc is dismissed without prejudice, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ckrus)
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Filing 9
CERTIFIED COPY OF ORDER (original filed in H-02-1923) stating pltf Stephen McIntyre's claims against deft New Power Holdings Inc are dismissed without prejudice, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ckrus)
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Filing 8
CERTIFIED COPY OF ORDER (original filed in H-02-1829) stating pltf Stephen Phillips claims against deft New Power Holdings, Inc are dismissed without prejudice, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ckrus)
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Filing 7
CERTIFIED COPY OF ORDER filed in H-01-3624 that pursuant to lead pltfs Regents of the University of California all claims gainst Michael McConnell and against John Sorrells and danny Rudloff are dismissed without prejudice, entered; Parties notified. (signed by Judge Melinda Harmon) (ckrus)
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| Consolidated Lead Case; Member case H.02-2323 transferred from Eastern District of Texas/Texarkana (EDTX # 01CV331) (ddarneille) |
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Filing 6
Certified copy of ORDER granting motion (#828 in H.02-3624) of Richard Frankel to withdraw as counsel for pltf Frank Wilson (H.01-3652); Sherrie Savett to continue as counsel of record, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 32
Certified copy of NUNC PRO TUNC ORDER OF CONSOLIDATION; member case H.02-1834 (transferred from EDTX/Texarkana case 5:01CV310) is consolidated into H.01-3913 and the member case is closed, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 31
Certified copy of ORDER OF CONSOLIDATION; member case H.02-2160 (transferred from SDFL/Miami case 01CV4951) is consolidated into lead case H.01-3913 and administratively closed, entered. Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 30
Certified copy of ORDER pursuant to notice filed in Newby (H.01-3624 #811) the claims against deft Arthur Andersen LLP in member case H.01-3914 are DISMISSED, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 29
Certified copy of ORDER OF CONSOLIDATION; member cases H.02-1825 (transferred from EDTX/Texarkana case 5:01CV321), H.02-1826 (transferred from EDTX/Texarkana case 5:01CV320), H.02-1827 (transferred from EDTX/Texarkana case 5:01CV318), H.02-1828 (transferred from EDTX/Texarkana case 5:01CV319), H.02-1829 (transferred from EDTX/Texarkana case 5:01CV322), H.02-1830 (transferred from EDTX/Texarkana case 5:01CV313), H.02-1831 (transferred from EDTX/Texarkana case 5:01CV299), H.02-1833 (transferred from EDTX/Texarkana case 5:01CV323), H.02-1869 (transferred from SDCA/San Diego case 01CV2172) are consolidated into lead case H.01-3624, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 28
Certified copy of ORDER OF CONSOLIDATION; member case H.02-1834 (transferred from EDTX case # 5:01CV310) is consolidated into lead case H.01-3624 and administratively closed, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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Filing 27
Certified copy of ORDER OF CONSOLIDATION and administrative closure; member cases H.02-1832 (transferred from EDTX case # 5:01CV308)and H.02-1838 (transferred from EDTX case # 9:01CV289) are consolidated into H.01-3645 and administratively closed, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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| Consolidated Lead Case; Member case H.02-1832 transferred from the Eastern District of Texas/Texarkana (EDTX case # 5:01cv308) (ddarneille) |
| Consolidated Lead Case; Member case H.02-1830 (transferred from Eastern District of Texas/Texarkana - EDTX case # 5:01cv313) (ddarneille) |
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Filing 4
(H 01-3624 {G-02-0299}) Certified copy of ORDER extending deadline for deft J P Morgan Chase & Company to answer lead pltf's amended consolidated class action complaint to 6/12/02, entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille) Modified on 05/16/2002
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| Filing 3 LETTER to all counsel of record re: cases to be transferred to MDL 1446 (EDAR CA 4:01-836; SDCA CA 3:01-2182; SDFL CA 1:01-4951; EDTX CA 5:01-299, 5:01-308, 5:01-310, 5:01-313, 5:01-318, 5:01-319, 5:01-320, 5:01-321, 5:01-322, 5:01-323 and 9:01-289; SDTX CA 4:01-3624; 4:01-3630, 4:01-3645, 4:01-3647, 4:01-3652, 4:01-3660, 4:01-3670, 4:01-3671, 4:01-3681, 4:01-3682, 4:01-3686, 4:01-3690, 4:01-3733, 4:01-3734, 4:01-3735, 4:01-3736, 4:01-3737, 4:01-3789, 4:01-3838, 4:01-3839, 4:01-3889, 4:01-3903, 4:01-3913, 4:01-3914, 4:01-3933, 4:01-3998, 4:01-4009, 4:01-4060, 4:01-4063, 4:01-4071, 4:01-4089, 4:01-4106, 4:01-4108, 4:01-4125, 4:01-4128, 4:01-4150, 4:01-4168, 4:01-4189, 4:01-4198 and 4:01-4208) by the original transfer order from the Judicial Panel on Multidistrict Litigation. (ddarneille) |
| Consolidated Lead Case (Member cases: H 01-3624, H 01-3630, H 01-3645, H 01-3647, H 01-3652, H 01-3660, H 01-3670, H.01-3671, H 01-3681, H 01-3682, H 01-3686, H 01-3690, H.01-3733, H 01-3734, H 01-3735, H 01-3736, H 01-3737, H.01-3789, H 01-3838, H 01-3839, H 01-3889, H 01-3903, H.01-3913, H 01-3914, H 01-3993, H 01-3998, H 01-4009, H.01-4060, H 01-4063, H 01-4071, H 01-4089, H 01-4106, H 01-4108, H 01-4125, H 01-4128, H 01-4150, H 01-4168, H.01-4189, H 01-4198, H 01-4208) (ddarneille) Modified on 09/16/2002 |
| Filing 2 LETTER to Judge Harmon from Michael J Beck, Clerk of the Panel, dated 4/16/02, with attached copy of Rule 1.6 Transfer of Files and 4/2/01 Order Adopting Rules of Procedure by the Judicial Panel on MDL. (ddarneille) |
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Filing 1
TRANSFER ORDER pursuant to 28 USC 1407; the following cases are transferred to the Southern District of Texas (Houston Division) and assigned to Judge Melinda Harmon for coordinated or consolidated pretrial proceedings: 4:01-836 (EDAR), 3:01-2182 (SDCA), 1:01-4951 (SDFL), 5:01-299, 5:01-308, 5:01-310, 5:01-313, 5:01-318, 5:01-319, 5:01-320, 5:01-321, 5:01-322, 5:01-323 and 9:01-289 (EDTX), 4:01-3624, 4:01-3630, 4:01-3645, 4:01-3647, 4:01-3652, 4:01-3660, 4:01-3670, 4:01-3671, 4:01-3681, 4:01-3682, 4:01-3686, 4:01-3690, 4:01-3733, 4:01-3734, 4:01 3735, 4:01-3736, 4:01-3737, 4:01-3789, 4:01-3838, 4:01-3839, 4:01-3889, 4:01-3903, 4:01-3913, 4:01-3914, 4:01-3993, 4:01-3998, 4:01-4009, 4:01-4060, 4:01-4063, 4:01-4071, 4:01-4089, 4:01-4106, 4:01-4108, 4:01-4125, 4:01-4128, 4:01-4150, 4:01-4168, 4:01-4189, 4:01-4198 and 4:01-4208 (SDTX), entered; Parties notified. (signed by Judge John Keenan, acting chairman) (ddarneille)
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Filing 5
(H 01-3624 {H 02-1225}) Certified copy of ORDER consolidating cases (H 02-1225 is consolidated into H-02-3624) , entered; Parties notified. (signed by Judge Melinda Harmon) (ddarneille)
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