Subject: Status Report and Summary of Conference Call
From: [email-masked]
To: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked]
Date: Thu, 7 Dec 2000 09:46:00 -0800 (PST)

Privileged and Confidential
Attorney Client Communication and Attorney Work Product

Overview of Market and Collected Reports
 Multiple volume set being shipped for arrival tomorrow:
 Generic Market Materials
 Specific Reports on what happened last summer
 Selected FERC filings and order

Summary of Conference Call

Portland Schedule
 Monday December 11th
   7:00 a.m. Breakfast at Downtown Marriot
   8:00 a.m. Attorneys Meeting at EPMI
   Richard Sanders, Gary Fergus, Steve Hall
 11:00 a.m. - End  Meeting with Tim Belden and other traders
 Tuesday December 12th
  TBA
Enron Power Marketing Inc. Served via CT December 6, 2000
 We need to calculate dates triggered by service: (removal,
preemptory challenge to the judge (170.6), demurrer, etc.  No evidence yet
that EES has been served.
California Attorney General Contact
 I spoke with Richard Rochman, Deputy Attorney General.  He told me
that he wanted a contact person for Enron for the AG's investigation.  I
told him that I would be that contact.  He said that in the next few days he
would be sending me a letter requesting that documents be preserved.  That
will be followed in 2-3 weeks by a subpoena.  He anticipated a 3 week period
to respond to the subpoena.  Enron is not the only entity that has been
contacted.
Summary of Known Investigations
 CPUC
 FERC
 EOB
 California State Auditor
 AG
 Brobeck is assigned to monitor developments in each of this
investigations and advise the group.
Enron Defense Team Contact Sheet Distributed
 Please check the contact sheet for the Enron Defense team
(distributed by email today) to make sure that all of the information for
you is accurate.  A more complete contact sheet with Enron witnesses,
experts etc. will be distributed in the next few days.
Defendants Contact Sheet
 Dave Noonan, Mike Kirby, Mike Day and I will try to figure out who
is representing whom in San Diego.
Removal
 Diversity
  Mike Kirby pointed out that even if we solved the
citizenship issue, it is unlikely that every class member will meet the
$75,000 amount in controversy requirement.  We also have the preliminary
reports that Sempra Energy Resources is a California corporation that is
selling electrical energy into the California PX market. (See December 1
status report.) I need to followup and find out if Sempra Energy Resources
has outside counsel yet and confirm their understanding on this issue.
 Federal Question and Related Primary Jurisdiction Argument
  All of us need to understand the interrelationship between
the FERC/PUC/ISO investigations and this class action.  There is also the
pending challenge to the ISO MMIP's by Enron and others that has been
pending for some time.  Does the complaint fairly raise or necessarily
implicate a federal question.
Change of Venue  (Additional Research by Peter Meringolo)

 I have researched case law involving class actions where class
members are jurors.  I found only two non-California cases, and both involve
change of venue motions.  See Beech v. Leaf River Forest Prods., 691 So. 2d
446 (Miss. 1997); Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 704
N.E.2d 663 (Ohio Ct. Com. Pl. 1996).  These cases, however, do not change
the analysis required under C.C.P. o 397(b).

 In Beech, plaintiffs brought a non-class action lawsuit against
defendants for polluting two rivers with dioxin.  Defendants moved for a
change of venue.  In addition to evidence of negative publicity, defendants
showed that of the 8,909 potential jurors, 750 were plaintiffs in other
dioxin cases against these defendants, and "even more were potential class
members in a class action brought against these same defendants" in another
county.  Beech, 691 So. 2d at 450.  The trial court granted defendants'
motion because the negative publicity and the large number of jurors
involved in similar litigation "would prevent the defendants from receiving
a fair trial."  Id.  The Mississippi Supreme Court affirmed, holding that
the trial court did not abuse its discretion.  Id.

 Toledo Fair involved a class action against Nationwide Mutual
Insurance Company.  Nationwide moved for a change of venue, arguing, among
other things, that because of the large size of the class "a significant
percentage of veniremen would be either class members or relatives of class
members and would thus be ineligible to sit as jurors."  Toledo Fair, 704
N.E.2d at 664.  Plaintiffs argued that Nationwide exaggerated the size of
the class.  Id.  The court denied the motion, holding that because of the
dispute regarding the size of the class, it was too early to determine
whether an impartial jury could be impaneled.  The court clearly left open
the possibility for Nationwide to renew this motion.

 We also discussed the remote possibility of challenging the judge
who would hear this case under Section 170.1, for cause, because the Judge
would be part of the class.  Dave Noonan has had experience in the egg case
with this type of challenge.
Consolidation
 Dave and Mike will look at how to manage a consolidation with Judge
Amos under San Diego local rules, if that is what we decided to do.  Keeping
in mind that the 17200 claims are not jury claims, the selection of the
judge is critical.
Coordination with Defense Counsel
 Dave and Mike will be responsible with Robin for coordinating among
defense counsel in San Diego.  Right now, we do not intend to enter any
formal defense sharing agreements.
Coordination with Plaintiffs' Counsel
 Dave and Mike with Robin will be responsible for coordinating our
efforts with lead plaintiffs' counsel.
Analysis of FERC/PUC Enron Positions
 Robin will work with me to understand from Ron Carroll (FERC) and
Mike Day (PUC), what positions that Enron has taken with respect to
jurisdiction etc.
Experts
 Cary Mack - Retained
 Tom Lambert-  Dan Lamb to retain by engagement letter and payment.
 Broad et al. -let go
 Charles River - Need to confirm with  Richard that they have been
retained by letter and payment
 NERA - appears to be conflicted
 Econ One - Jeff Leitzinger -  Robin to confirm that we have retained
him with no conflicts.
 Seabron Adamson- retained (wrote the white paper for Enron before
FERC)
 Larry Ruff- Retained with engagement letter and payment
 Tom Neches - Dave Noonan to contact and retain.
www.thomasneches.com
 Ken Elzinga (UVA) - Dave Noonan to contact.
Trader Interviews
 See Portland Schedule above.
 Confirm traders that have left the company.
 Note John Forney (Day Ahead Desk) is transferring to Enron in
Houston effective January 2.
Review Trader Tapes
 Brobeck assigned to review once software identified.
Identify FERC/PUC orders rules regulations tariffs etc that apply
 Brobeck to check with Ron Carroll and Mike Day.
Comparison of Conduct to statutes or Rules
 Pending
Public Relations
 Enron has retained Marathon Communications to assist in Public
Relations.  A copy of their engagement letter with names etc. is attached.
    <<Enron.PDF>>
 Robin is responsible for establishing direct contact.
ISO Tapes
 No action.
Canadian Investigation
 Richard Sanders is person most knowledgeable.  Robin with confer
with Richard.
Mallory Notebook
 Confirm search results while in Portland.
Tim Belden Test of Congestion
 Richard Sanders and Tim most knowledgeable.
Overview of 17200 Claims
 Two volume set sent.
Investigation Summary
 To be delivered on Saturday.

Other Projects Underway

Data Resolution - No progress today
Fact Memo - I received Steve Hall's memorandum and will incorporate with the
materials I have for distribution Saturday.
Contracts - Still in review
PUC- No contact from Harvey Morris (PUC

Thanks
Gary

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 - Enron.PDF