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IN RE LERNOUT HAUSPIE SECURITIES LITIGATION. GARY B. FILLER, et al., Plaintiffs, v. JO LERNOUT, et al, Defendants. STONINGTON PARTNERS, INC., et al, Plaintiffs,

AMENDED ORDER

PATTI SARIS, District Judge

The Court hereby amends its Order of June 23, 2004 (Docket No. 801) to correct a clerical error. The Court overrules the objections to the Order of the magistrate judge dated November 13, 2003. Pursuant to Fed.R.Civ.P. 37, the Court orders KPMG-B to produce copies of its audit papers for the years 1998-2001 and all requested audit manuals within 14 days of the original order. Under Article 458 of the Belgian Criminal Code, this Court finds that "the law obliges such secrets to be made known" because the documents are related to court proceedings, specifically testimony KPMG will be called upon to render in these proceedings, and its possible defenses. The documents shall be produced pursuant to a protective order preventing disclosure to the public except upon order of the Court. Just as the disclosure of documents in the Belgian criminal file does not make the documents public, the documents produced pursuant to a protective order will not lose their confidential character.

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IN RE LERNOUT HAUSPIE SECURITIES LITIGATION
(Jul 2, 2004)