Remand

As you will note from the attached e-mail, the Quinque class action has been
remanded to state district court in Hugoton Kansas. Robin Gibbs had always
predicted that this was the likely result. We will now proceed with the
battle over class certification in Kansas, which,unlike Texas, is not
necessarily appealable. I will keep you posted..
----- Forwarded by Richard B Sanders/HOU/ECT on 01/12/2001 12:25 PM -----

"Tetrault, Charles D." <ctetrault@velaw.com<
01/12/2001 11:58 AM

To: "Richard B. Sanders (E-mail)" <Richard.B.Sanders@enron.com<, "Andrew M.
Edison (E-mail)" <andrew.edison@enron.com<, "Staci Holtzman (E-mail)"
<sholtzm@enron.com<, "Charles E. Cheek (E-mail)" <ccheek@enron.com<, "Janet
Place (E-mail)" <jplace@enron.com<, "Britt Davis (E-mail)"
<bdavis@enron.com<, "Michael P. Moran (E-mail)" <Michael_Moran@enron.com<,
"Rebecca Zikes (E-mail)" <bzikes@enron.com<, "Drew Fossum (E-mail)"
<Drew_Fossum@enron.com<
cc: "Barrett H. Reasoner (E-mail)" <breasoner@Gibbs-Bruns.com<, "Andrew L.
Pickens (E-mail)" <Apickens@Gibbs-Bruns.com<
Subject: Remand

Andy is calling now, but for those of you he does reach immediately, here is
a short report based on a conversation that he had with Mike Beatty.

Judge Downes granted the motion to remand. A short written order will be
out later today or Monday.

He apparently read from a draft of the order, and Mike Beatty says that it
was written in high level generalities about presumptions in favor of
remand, burden to establish removal jurisdiction, etc. and did not address
the details of our federal jurisdiction (e.g., OCSLA) arguments. More later
today.

Charles D. Tetrault
Vinson & Elkins L.L.P.
1455 Pennsylvania Ave., N.W.
Washington, D.C. 20004-1008
ctetrault@velaw.com
202.639.6551 [voice]
202.639.6604 [fax]

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