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Enron Mail |
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Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: 7bit X-From: Legal - Rob Walls, Jr. </O=ENRON/OU=NA/CN=RECIPIENTS/CN=MBX_ANNCLEGAL< X-To: DL-GA-all_enron_worldwide1 </O=ENRON/OU=NA/CN=RECIPIENTS/CN=DL-GA-all_enron_worldwide1< X-cc: X-bcc: X-Folder: \ExMerge - Germany, Chris\Bankrupt X-Origin: GERMANY-C X-FileName: chris germany 6-25-02.pst Please review the order below entered by the United States Bankruptcy Court of the Southern District of New York regarding document preservation. You are instructed to comply with this order, effective immediately. The order requires that we retain all documents (in paper or electronic form) in existence on February 15. Documents created after February 15 must be retained if, as the order states, the document contains information relevant to: (1) any claim or defense that may be asserted in the bankruptcy by Enron or a party-in-interest; (2) the financial condition or otherwise in connection with the reorganization of Enron under the Bankruptcy Code; or (3) any governmental investigation or litigation now underway or commenced prior to the termination of this order concerning (a) Enron or any Enron-related affiliates or individuals, (b) present or former directors or officers of Enron, or © any affilitiates, subsidiaries, partnerships or joint ventures or other entities which, to Enron's knowledge, Enron or any Enron-related entity participated. Please regard the terms of the Order as applying to all Enron companies, not just companies that are a part of the bankruptcy proceeding. If you are uncertain whether you should retain any particular document, please call Bob Williams at extension 5-2402. You should err on the side of retaining the document. This order and email instruction supersede the previous order of the Bankruptcy Court and email to employees dated January 14, 2002. Thank you. The text of the order follows: UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x In re: : : Chapter 11 ENRON CORP., ET AL. : : Case Nos. 01-16034 (AJG) : Debtors. : Jointly Administered : ------------------------------x STIPULATION AND CONSENT ORDER PURSUANT TO 11 U.S.C. ?? 105 AND 541 BY AND BETWEEN ENRON CORP. AND ITS AFFILIATED DEBTORS-IN-POSSESSION AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS REGARDING DOCUMENT PRESERVATION AND RETENTION WHEREAS, Enron Corp. and its affiliated debtors-in-possession in these jointly administered Chapter 11 cases (collectively, "Enron") recognize that they have an obligation to preserve all of the assets of their estates; WHEREAS, Enron's documents, as that term is defined in Rule 7026-1 of the Local Bankruptcy Rules for the Southern District of New York, Civil Rule 26.3©(2) of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York and Rule 34(a) of the Federal Rules of Civil Procedure (see Attachment A hereto) in Enron's possession, custody or control (hereinafter "Documents"), constitute assets of Enron's estates; and WHEREAS, Enron recognizes that it must preserve all of its Documents during the pendency of these Chapter 11 cases; WHEREAS, Enron has represented that it has by various e-mails, including one dated as recently as January 14, 2002, Enron has restated its Document retention policies to all of its officers, directors and employees and explained the need to preserve Enron's Documents in accordance with then-existing policies; WHEREAS, Enron has represented that it has placed under lock-and-key all paper shredding machines located at its headquarters in Houston, Texas; WHEREAS, the Court, on consent of Enron and the Creditors' Committee, issued an order dated January 25, 2002 relating to document preservation (see Attachment B hereto). IT IS HEREBY STIPULATED AND AGREED THAT: 1. Enron, and its officers and directors, shall make reasonable efforts to ensure that none of Enron's Documents shall be destroyed or wrongfully removed from Enron's premises in a manner inconsistent with the terms of the Order. 2. To the extent that Enron's Documents are in the possession of its agents, accountants or any other party which maintains documents for, on behalf of or for the benefit of Enron, Enron shall in writing instruct such persons to preserve Enron's Documents within ten (10) business days of the date of this Order, such notice to include a copy of this Order. 3. All Documents that were in the possession, custody or control of Enron prior to the date of this Order, shall be preserved and maintained by Enron and each of its directors, officers and employees. 4. All Documents that come into the possession, custody or control of Enron from and after the date of this Order that contain information (i) relevant to any claim or defense thereto that may be asserted in these chapter 11 cases by Enron or a party-in-interest, (ii) relevant to the financial condition or otherwise in connection with the reorganization of Enron under chapter 11 of the Bankruptcy Code, or (iii) relevant to any governmental investigation or litigation concerning Enron or any Enron-related entities or individuals, present or former directors or officers of Enron, and any affiliates, subsidiaries, partnerships or joint ventures or other entities in which, to Enron's knowledge, Enron or any Enron-related entity participated (collectively, "Affiliated Entities") now underway or commenced prior to the termination of this Order, shall be preserved and maintained by Enron and each of its directors, officers and employees, provided, however, that this Order does not bar the ordinary course disposal of Documents that come into Enron's possession or are created by Enron after the date of this Order having no reasonable or apparent connection to the items listed in subparts (i), (ii) or (iii) of this paragraph. 5. Nothing contained in this Order shall: (a) prevent Enron from using any Documents in the ordinary course of business for any purpose necessary to the reorganization effort; or (b) entitle any entity to discovery other than pursuant to applicable law. 6. To the extent the Federal Bureau of Investigation ("FBI") discloses to Enron its findings or conclusions in connection with its investigation of alleged document destruction on Enron's premises, and to the extent the FBI permits Enron to disclose such findings or conclusions, Enron shall report to the Court such findings or conclusions concerning (a) whether Documents of Enron or Affiliated Entities have been removed or destroyed since the commencement of these Chapter 11 cases, and (b) in the event the FBI investigation discloses that such Documents were removed or destroyed, (i) the nature of such documents, (ii) the person(s) responsible for such destruction or removal, and (iii) measures being taken to retrieve or restore such documents. 7. Within ten (10) business days after entry of this Order, Enron's two most senior legal officers, two most senior accounting officers, and its three other most senior officers shall submit affidavits stating that such persons have reviewed this Order, understand its terms, and will make reasonable efforts to comply with the provisions of this Order. 8. The terms of this Order shall supercede and control any prior policy or announcement by Enron concerning document preservation or destruction to the extent such policy or announcement is less restrictive than the terms of this Order. 9. Enron shall immediately post a copy of this Order on Enron's intranet in such a way as to ensure that this Order can be reviewed by all of Enron's officers, directors and employees. 10. This Order shall be effective immediately and shall remain in effect until modified by further Order of this Court. /s/ Luc Despins The Official Committee of Unsecured Creditors By its counsel: Luc A. Despins Milbank, Tweed, Hadley & McCloy LLP 1 Chase Manhattan Plaza New York, New York 10005 /s/ Martin Bienenstock Enron Corp. and its affiliated debtors-in-possession By its counsel: Martin A. Bienenstock Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, New York 10153 IT IS SO ORDERED on this 15th day of February, 2002 s/Arthur J. Gonzalez Arthur J. Gonzalez United States Bankruptcy Judge
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