-----Original Message-----
From: 	"Michael Kirby" <mlk@pkns.com>@ENRON [mailto:IMCEANOTES-+22Michael+20Kirby+22+20+3Cmlk+40pkns+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Saturday, August 25, 2001 7:33 PM
To:	Sanders, Richard B.; Williams, Robert C.
Cc:	sbishop@gibbs-bruns.com
Subject:	AG v. Enron

I have revised and am emailing to you and Robin a copy of the revised Molland Declaration that I have sent back to Michael this afternoon wherein he explains what happened yesterday regarding the tentative ruling and asks for oral argument. When I spoke to Michael late this afternoon about the declaration I learned some additional information which is contrary to one of our assumptions, and suggests it will be harder to expect the court to go forward with argument on Monday. Through this afternoon(when I had discussed this separately with Richard and Robin today), we have been operating on the assumption that only telephonic notice to opposing counsel of the intent to argue was required to have oral argument in SFO court and that notice to the court itself was not required. If so, the court would have this one on its Monday calendar. I asked Michael again how the Court would know what matters would actually be on the oral argument calendar and was told today that the telephonic instructions from the court which accompany the tentative ruling tell you before listening to the recorded ruling  that apparently YOU HAVE TO PUSH A CERTAIN TELEPHONE NUMBER BUTTON AT THE END OF THE ORAL RULING IF THE MATTER IS TO REMAIN ON CALENDAR FOR ORAL ARGUMENT. That was not done by the person who first called and listened to the ruling for Michael. When someone called back and attempted to do so the response was "invalid" or something to that effect. Presumably that was because it was sometime after the 4:30 deadline. This would suggest that we are not even on the calendar (without a request for oral argument)as we had hoped. I still will be there to argue, or at least argue for a hearing date. I wanted Bob to know of this new info in case it affects his decision on coming out here. Call me on my cell 619-985-9792 any time if anyone has questions. I will be emailing the draft replies for Sacramento tomorrow.

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