Message-ID: <10188827.1075845014328.JavaMail.evans@thyme> Date: Wed, 15 Nov 2000 10:11:00 -0800 (PST) From: wweiland@velaw.com To: mark.e.haedicke@enron.com Subject: Enron-Vitro Amparo Cc: peggy.banczak@enron.com, jdilg@velaw.com, janette.elbertson@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: peggy.banczak@enron.com, jdilg@velaw.com, janette.elbertson@enron.com X-From: "Weiland, William" X-To: "'Haedicke, Mark E.'" X-cc: "'Banczak, Peggy J.'" , "Dilg, Joe" , "'Elbertson, Janette'" X-bcc: X-Folder: \Mark_Haedicke_Oct2001\Notes Folders\All documents X-Origin: HAEDICKE-M X-FileName: mhaedic.nsf Attached please find an electronic file containing a memorandum to file I prepared after reviewing materials provided me by Peggy Banczak and Rogelio Lopez-Velarde and following a meeting I had in Washington, D.C. on Monday of this week with Peggy, Rogelio and Lic. Jorge Canals, an Amparo specialist who has been representing Enron's interests in the Amparo proceedings. As Joe Dilg indicated to you we are not Mexican lawyers and therefore cannot give an opinion on the likelihood that the Mexican Appeals Court will uphold the dismissal of the Enron-Vitro Amparo entered by the District Administrative Court. Nonetheless, I thought Lics. Lopez-Velade and Canals had a very good understanding of the matter and well-reasoned views concerning the likelihood that the dismissal would be overturned on appeal. As indicated in my memorandum they consider the most likely outcome of the appeal will be confirmation by the Appeals Court of the dismissal entered at the trial court level. I have known Lic. Lopez-Velarde for many years and consider him a competent thoughtful lawyer. I met Lic. Canals for the first time Monday and was favorably impressed by him. He comes highly recommended by Lic. Lopez-Velarde. The plaintiff in this matter has brought five other almost identical Amparo suits against various energy permit holders. Four of those suits have been dismissed and their dismissals upheld on appeal. Dismissals have also been entered by District Administrative Courts in the Enron-Vitro Amparo and the one other Amparo proceeding brought by plaintiff of which Mexican counsel is aware. Appeals of both those dismissals are pending. Because of the workings of the Mexican judicial system, the earlier Appeals Courts decisions upholding the dismissals entered by District Administrative Courts of the other four Amparo proceedings brought by the same entity that is the plaintiff in the Enron-Vitro Amparo proceeding have no stare decisis effect, but they do have persuasive value. I am providing your assistant a copy of this message in the event you do not have access to your E-mail. Thank you for the opportunity to work on this matter with Peggy and your Mexican counsel. If you wish to discuss any aspect of it with me, my direct line is 713-758-2518. ++++++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 <> - Memorandum to file.DOC