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----- Forwarded by Richard B Sanders/HOU/ECT on 11/09/2000 10:59 AM -----
Joel Ephross@ENRON 11/07/2000 03:28 PM To: "Shube, Eric (New York)" <eshube@velaw.com< cc: Richard B Sanders/HOU/ECT@ECT Subject: RE: Jurisdiction -- Acceptable NY Courts what is the basis for that determination? ethics [conflicts]? work load? The whole purpose is not to end up in the Bronx, or in family court in Albany. Richard, do you have a view on this? "Shube, Eric (New York)" <eshube@velaw.com< 11/07/2000 11:01 AM To: "'Joel.Ephross@enron.com'" <Joel.Ephross@enron.com< cc: Subject: RE: Jurisdiction -- Acceptable NY Courts I think that it is correct that the parties can't force a specific branch or part to take a case and not assign it elsewhere. -----Original Message----- From: Joel.Ephross@enron.com [mailto:Joel.Ephross@enron.com] Sent: Monday, November 06, 2000 8:09 PM To: eshube@velaw.com Subject: Jurisdiction -- Acceptable NY Courts Eric, any thoughts? ----- Forwarded by Joel Ephross/Corp/Enron on 11/06/2000 07:08 PM ----- Nora Dobin To: Jordan Mintz/HOU/ECT@ECT, Gareth 11/06/2000 Bahlmann/HOU/ECT@ECT, Julia H 06:55 PM Chin/NA/Enron@Enron, Roseann Engeldorf/Corp/Enron@ENRON, Joel Ephross/Corp/Enron@ENRON, Brenda L Funk/HOU/ECT@ECT, Gina Karathanos/Corp/Enron@Enron cc: Subject: Jurisdiction -- Acceptable NY Courts Here's a new one in our continuing saga of acceptable New York courts. Currently, (with appropriate GC approval) we can specify United States District Court for the Southern District of New York sitting in New York County ("USDCSDNY") or the Commercial Division, Civil Branch of the Supreme Court of the State of New York sitting in New York County. In-house counsel for Chase Securities Inc. would not accept this provision without a caveat that if a judge of the specified state court determined that some other branch or division of such court sitting in NY County should have jurisdiction, we had to accept jurisdiction in the other branch or division. Rather than risk ending up in an unacceptable forum, both sides agreed to limit jurisdiction to the USDCSDNY. I believe Joel may have checked earlier this year on New York courts with a V&E litigator in New York. If so, we might want to get further guidance on this point. Regards, NJD Nora J. Dobin Senior Counsel Enron Global Finance Enron Corp. 1400 Smith Street Houston, Texas 77002 713/345-7723 (phone) 713/853-9252 (fax) E-mail: nora.dobin@enron.com ++++++CONFIDENTIALITY NOTICE+++++ The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You
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