ORDERED, that Ernst & Young shall, in addition to the documents set forth in the Stipulated Order, produce the documents specified below in response to the OTS subpoena (the "Subpoena") served upon it on June 11, 1992:
1. Time Summaries and Diaries (Specification 6). Ernst & Young shall produce documents described in Specification 6 of the subpoena for inspection by OTS representatives.
2. Internal Reviews (Specification 14). Ernst & Young shall produce documents described in Specification 14 of the subpoena for inspection by OTS representatives.
3. Complaints (Specification 15). Ernst & Young shall produce documents described in Specification 15 of the subpoena that relate to Ernst & Young's performance of professional services for inspection by OTS representatives.
IT IS FURTHER ORDERED that the following procedures shall apply to the production of all documents by Ernst & Young under the terms of either the Stipulated Order or this Order:
1. Duplication & Preservation of Originals. If the OTS representatives determine that it is necessary for the OTS to take custody of documents produced for inspection pursuant to the Subpoena, Ernst & Young shall provide the originals to OTS within 48 hours of notice of such determination; provided, however, that Ernst & Young may, at its own expense, copy such documents for its own use and retention prior to delivering such original documents to the OTS representatives; and further provided, however, that Ernst & Young may choose to retain the originals in its custody if it: (a) provides a copy of each such original document to OTS, at Ernst & Young's expense, within 48 hours; (2) maintains all such original documents in the order in which they were produced; and (c) makes any such original document available to OTS within 48 hours after a request for access to such document by the OTS. Ernst & Young shall inform the OTS if documents are color coded and shall accommodate the reproduction of color codes in copying the documents.
2. Time Frame.
(a) Ernst & Young shall produce documents responsive to Specifications 1 through 7 and 17 of the Subpoena that relate to a specific Institution for the time period relating to the last two audits performed by Ernst & Young for each such institution.
(b) Ernst & Young shall produce documents responsive to Specifications 8 through 12 and 18 of the Subpoena for the time period January 1, 1980 through the date of production.
3. Claims of Privilege. If Ernst & Young withholds any document responsive to the Subpoena by reason of a claim of privilege, Ernst & Young shall furnish an affidavit at the time the documents are produced identifying each document for which the privilege is claimed. With respect to each such document, Ernst & Young shall state the basis upon which the privilege is claimed, identify the specifications of the Subpoena to which the withheld document is responsive, and state the subject matter, number of pages, author, date created, and the identities of all persons to whom the original or any copies of the document were shown or provided.
Royce C. Lamberth
UNITED STATES DISTRICT JUDGE
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