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The atty is Charna Sherman at Hahn Looser in Cleveland. By copy of this e-mail, I have asked Linda Guinn to take the lead in getting you this information.Linda-- I need to also find the Plaintiff interrogatory response in the CA NSM case to send to Bonnie. I sent the Int. to Dick Lydecker recently.
-----Original Message----- From: Bonnie White Sent: Thursday, June 07, 2001 2:41 PM To: Richard B Sanders Subject: FW: John W. Schultes v. McDonald Investments, etal The following e-mail from Rob Cole relates to the NSM case that was filed in Ohio. We need to provide him the name of our Ohio counsel, any engagement agreement with counsel, any invoices you have received to date on this matter, and copies of our answer and any other pleadings that have been filed. We also need to ask outside counsel to provide a preliminary exposure evaluation. Please let me know with whom I should work to gather this information. Also, please send me a copy of the interrogatory response in the California case that you mentioned to me in the last week or so, so that we can revisit coverage on that matter. Thanks. Bonnie J. White Enron Litigation Unit 1400 Smith Street, Suite 4824 Houston, TX 77002 Ph: 713-853-7244 Fax: 713-853-6576 bonnie.white@enron.com -----Original Message----- From: Cole, Rob Sent: Thursday, June 07, 2001 6:33 AM To: White, Bonnie Cc: Cole, Rob; Studdert, James P.; Robichaux, Lisa Subject: John W. Schultes v. McDonald Investments, etal Bonnie, Jim Studdert has assigned me the lawsuit of John W. Schultes v. McDonald Investments, etal., wherein ENA and ECT Thailand are named defendants. I have reviewed the lawsuit and have determined there is an obligation to defend this entire matter given the allegations associated with "Personal injury", which means injury, other than "bodily injury", arising out of oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, and/or oral or written publication of material that violates a person's right of privacy. A review of the Complaint indicates there are allegations associated with Defamation Per Se, Defamation Per Quod, and Invasion of Privacy. All of the other allegations are predicated on "intentional" conduct/activity, which would not constitute an "occurrence" which has resulted in "bodily injury" or "property damage". Thus, while we will defend the entire lawsuit, we will only contribute to a settlement or respond to an award for damages associated with the aforementioned counts, assuming such were not made with knowledge of their falsity. I note suit was filed on February 22, 2001. As such, please immediately provide me with the following for our file: * The identity of defense counsel and a copy of the Engagement Agreement which was provided to them (please include copies of all required monthly billing statements which they have submitted thus far so we can consider reimbursement to the operating company from the date we were first given notice of this matter). * Provide a copy of the Answer and any other pleadings filed to-date. * Have defense counsel provide their analysis of our alleged exposure, if not done already. * Advise who is the assigned ELU Legal Assistant assigned to this matter so we can advise them to copy us on all correspondence going forward. Following receipt of the above, it may be a good idea to meet and discuss this matter. Let me know if you have any questions. Thanks, Rob Cole, Manager-Claims ENA - Global Risk Markets P.O. Box 1188 (77251-1188) 1400 Smith Street, EB2136F Houston, Texas 77002 713-853-7739 (telephone) 713-646-2341 (facsimile) Rob.Cole@Enron.com (email)
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