Message-ID: <32260724.1075853225567.JavaMail.evans@thyme>
Date: Thu, 7 Jun 2001 02:41:00 -0700 (PDT)
From: bonnie.white@enron.com
To: richard.sanders@enron.com
Subject: FW: John W. Schultes v. McDonald Investments, etal
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The following e-mail from Rob Cole relates to the NSM case that was filed i=
n=20
Ohio.  We need to provide him the name of our Ohio counsel, any engagement=
=20
agreement with counsel, any invoices you have received to date on this=20
matter, and copies of our answer and any other pleadings that have been=20
filed.  We also need to ask outside counsel to provide a preliminary exposu=
re=20
evaluation.  Please let me know with whom I should work to gather this=20
information.  Also, please send me a copy of the interrogatory response in=
=20
the California case that you mentioned to me in the last week or so, so tha=
t=20
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 =20
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.=20
McDonald Investments, etal., wherein ENA and ECT Thailand are named=20
defendants.

I have reviewed the lawsuit and have determined there is an obligation to=
=20
defend this entire matter given the allegations associated with =01&Persona=
l=20
injury=018, which means injury, other than "bodily injury", arising out of =
oral=20
or written publication of material that slanders or libels a person or=20
organization or disparages a person's or organization's goods, products or=
=20
services, and/or oral or written publication of material that violates a=20
person's right of privacy.

A review of the Complaint indicates there are allegations associated with=
=20
Defamation Per Se, Defamation Per Quod, and Invasion of Privacy.  All of th=
e=20
other allegations are predicated on =01&intentional=018 conduct/activity, w=
hich=20
would not constitute an =01&occurrence=018 which has resulted in =01&bodily=
 injury=018 or=20
=01&property damage=018.  Thus, while we will defend the entire lawsuit, we=
 will=20
only contribute to a settlement or respond to an award for damages associat=
ed=20
with the aforementioned counts, assuming such were not made with knowledge =
of=20
their falsity.

I note suit was filed on February 22, 2001.  As such, please immediately=20
provide me with the following for our file:

* The identity of defense counsel and a copy of the Engagement Agreement=20
which was provided to them (please include copies of all required monthly=
=20
billing statements which they have submitted thus far so we can consider=20
reimbursement to the operating company from the date we were first given=20
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 n=
ot=20
done already.
*     Advise who is the assigned ELU Legal Assistant assigned to this matte=
r=20
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=
=20
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)