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Newby, et al v. Enron Corporation, et al. (4:01-CV-3624) Update

Per Agreed Order Extending Temporary Restraining Orders signed 11/15/04, the hearing set for November 15, 2004 has been RESET to November 23, 2004 at 1:00 p.m.

By Agreed Order Extending Temporary Restraining Orders of 10/27/04 (No. 2505) the Preliminary Injunction Hearing set 10/28/04 is RESET to 11/04/04 at 1:00 p.m.
By order of 10/20/04 (No. 2475) a Hearing is set 11/04/04 at 10:00 a.m., at which counsel for Lead Plaintiff, all defendants who have been granted stays, the government, and any interested parties wanting to attend shall be present.

Responses to United States' Motion And Memorandum Of Law In Support Of Its Request To Intervene And For A Limited Stay of Selected Depositions must be filed by no later than 10:00 a.m. on June 1, 2004. Courtesy Copies must be FAXED to Chambers of U S District Judge Melinda Harmon at fax #713-250-5431 by no later than May 31, 2004.

The Court's March 29, 2004 Memorandum and Order In Re Merrill Lynch and Deutsche Bank Entitities (docket entry no. 2036) can be viewed through the Notable Cases website.

CANCELLED HEARING -----Hearing scheduled March 11, 2004 on Lead Plaintiff's Motion To Compel Production Of Documents From Defendant Citigroup Inc (Docket No. 1980) is CANCELLED by Order, No. 2016, due to Lead Plaintiff's Notice of Resolution filed 03/10/04, No. 2015.

A HEARING is scheduled March 11, 2004 at 2:00 p.m. before United States District Judge Melinda Harmon, Courtroom 9C on Lead Plaintiff's Motion To Compel Production of Documents From Defendant Citigroup, Inc. (No. 1980)

Per Order No. 1982 entered February 13, 2004, a HEARING is scheduled March 11, 2004 at 2:00 p.m. in Courtroom 9C on Lead Plaintiff's Motion To Compel Production Of Documents From Defendant Citigroup Inc. (Instrument No. 1980).

A Hearing is scheduled December 11, 2003 at 2:00 p.m. in Courtroom 9C on Lead Plaintiff's Motion To Compel The Banks To Produce The Sworn Statements And Deposition Transcripts Of Their Employees. (No. 1803)

NOTE - TWO ORDERS SIGNED ON JULY 11, 2003: 1. Following the July 10, 2003 hearing on scheduling issues, the Court issued the Scheduling Order on July 11, 2003. 2. Per Order of July 11, 2003, a hearing on preliminary approval of the partial settlement is scheduled on July 24, 2003 at 1:30 p.m. in courtroom 9C.

Per Order of June 27, 2003, parties are Ordered to appear for a hearing to establish a schedule on July 10, 2003 in Courtroom 9C.

A Memorandum and Order RE Remaining Enron Insider Defendants was entered on April 24, 2003, docket no. 1347. Ken Harrison's motion to dismiss (no. 621) - DENIED; Lou Pai's Mtn to dismiss (no. 624) - DENIED; Richard Buy's mtn to dismiss (no. 637) - DENIED; Joseph Hirko's mtns to dismiss (duplicatively filed as no. 639, no. 685) - GRANTED; Kenneth Rice's mtn to dismiss (no. 640) - DENIED; Richard Causey's mtn to dismiss (no. 642)- DENIED; Jeffrey McMahon's mtn to dismiss (No. 644) - DENIED; James Derrick Jr.'s mtn to dismiss (no. 649) - GRANTED; Kevin Hannon's mtn to dismiss (no. 655) - DENIED; Kenneth Lay's mtn to dismiss (No. 683) - DENIED; Jeffrey Skilling's mtn to dismiss (#718) - DENIED. The Court further Ordered that the discovery stay under the PSLRA is lifted.

Three separate Memorandum and Orders were entered on March 25, 2003. All three have been imaged and are available through the docket sheet. Docket entry # 1298 is an M&O RE Motions Filed by Enron Insider Defendant Andrew S. Fastow. Docket entry # 1299 is an M&O 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. Docket entry # 1300 is an M&O RE Enron Insider Defendant Rebecca Mark-Jusbasche.

Interested parties are notified that by Order of March 17, 2003, a HEARING is scheduled March 27, 2003 at 1:00 p.m. in Courtroom 9-C on the 9th floor, on: Lead Plaintiff the Regents' motion for protective order (instrument #1000 in Newby), Lead Plaintiff's motion to compel compliance with orders entered on August 16, 2002 and October 24, 2002 (#1132 in Newby) and Enron Corporation's motion for confidentiality order (#1201 in Newby, #541 in Tittle).

A 151 page Memorandum and Order Regarding Enron Outside Director Defendatns' Motions was entered on March 12, 2003 and can be viewed through docket entry #1269.

A Memorandum and Order of Partial Dismissal of claims Against Individual Andersen Defendants was signed and entered on January 28, 2003. The M&O has been imaged and is available through the docket sheet.

Per Memorandum and Order (No. 1194), entered 12/20/02, 1. CIBC's mtn to dismiss (No. 615) is DENIED. 2. CITIGROUP's mtn to dismiss (No. 629) is DENIED. 3. J P MORGAN CHASE & CO's mtn to dismiss (No. 632) is DENIED. 4. BARCLAYS' mtn to dismiss (No. 653) is DENIED. 5. Credit Suisse First Boston's mtn to dismiss (No. 658) is DENIED. 6. BANK OF AMERICA CORP's mtn to dismiss (No. 664) is GRANTED in part and DENIED in part. 7. Provided that Lead Pltf supplements its complaint as indicated supra, MERRILL LYNCH & CO'S mtn to dismiss (No. 667) is DENIED. 8. LEHMAN BROTHERS HOLDINGS INC's mtn to dismiss (No. 679) is GRANTED in part and DENIED in part. 9. DEUTSCHE BANK AG's mtn to dismiss (No. 716) is GRANTED. 10. KIRKLAND & ELLIS's mtn to dismiss (No. 660) is GRANTED. 11. VINSON & ELKINS LLP's mtn to dismiss (No. 648) is DENIED. 12. ARTHUR ANDERSEN LLP's mtn to dismiss (No. 650) is DENIED. 13. Lead Pltf's claims relating to the 7% Exchangeable Notes and 8.375% Notes are DISMISSED.

Per Order of 11/15/02 (No. 1135) a hearing is scheduled for all interested parties on the Outside Directors' Motion for Protection from Bankruptcy Rule 2004 Subpoenas (No. 1087) on December 5, 2002 at 1:30 p.m., in Courtroom 11B on the 11th floor at 515 Rusk Drive, Houston, Texas.

In a Memorandum and Order (No. 1031) signed on 09/17/02 the Court rules on: 1) Various motions for limited reconsideration of the Court's Order of January 8, 2002 (instruments 257, 261,266). 2) Two motions to lift the discovery stay to allow particularized expedited discovery in aid of plaintiffs' motion to freeze the individual defendants' alleged insider trading proceeds (instruments 180, 251). 3) A motion to lift the discovery stay to allow particularized expedited discovery from certain Enron Executives regarding document preservation (instrument 259). 4) Motion of the Tittle, Rinard and Kemper plaintiffs for a Preliminary Order Freezing and Imposing a Constructive Trust Over Individual Defendants' Assets and Limited Expedited Discovery Into Those Assets (Instrument 292 in Newby and No. 77 in Tittle).

A Hearing is scheduled August 15, 2002 at 2:00 p.m. in Courtroom 9-C before U S District Judge Melinda Harmon on Lead Plaintiff's Emergency Motion For a Temporary Restraining Order and Order to Show Cause RE: Preliminary Injunction Enjoining Distribution of Assets to Andersen's Partners (docket entry # 997)