IN THE DISTRICT COURT OF SHAWNEE, COUNTY KANSAS

DIVISION 12
MICHAEL MORTER et al.,                                                                                                                                        
Plaintiffs,                                                                                                                                         Case Nos.
v.                                                                                                                                        
06 C 801
06 C 813
06 C 837
06 C 841
06 C 853
06 C 854
06 C 864
RICHARD D. KINDER, EDWARD H. AUSTIN, JR., CHARLES W. BATTEY, STEWARD A. BLISS, TED A. GARDNER, WILLIAM J. HYBL, MICHAEL C. MORGAN, EDWARD RANDALL, III, FAYEZ S. SAROFIM, H.A. TRUE, III, JAMES M. STANFORD, DOUGLAS W.G. WHITEHEAD, WILLIAM V. MORGAN, GOLDMAN SACHS CAPITAL PARTNERS, AMERICAN INTERNATIONAL GROUP, INC., THE CARLYLE GROUP, RIVERSTONE HOLDINGS LLC, C. PARK SHAPER, STEVEN J. KEAN, SCOTT E. PARKER, TIM BRADLEY, AIG GLOBAL ASSET MANAGEMENT HOLDINGS CORP., GS CAPITAL PARTNERS V FUND, LP, and KINDER MORGAN, INC.,
Defendants.                                                                                                                                        

ORDER CONSOLIDATING ACTIONS

These cases come before the Court on the Motions to Consolidate filed by various Plaintiffs and upon the Court's own motion. After due consideration, the Court enters the following Order in the interests of judicial economy:

1. Pursuant to D.C.R. 3.205, cases appropriate for consolidation are to be consolidated with the lowest case number. After consultation with the Chief Judge of the Third Judicial District, the Chair of the Civil Department and the other Judges in the Civil Department, the Court finds that the above-captioned actions (and any other shareholder actions which have been or may in the future be filed in the Third Judicial District) which involve questions of law or fact similar to those contained in these cases are hereby consolidated for all purposes under the following caption:

IN RE KINDER MORGAN, INC.Consol. Case No. 06 C 801

SHAREHOLDERS LITIGATION


2. All actions filed in this Court which involve questions of law or fact similar to those contained in the consolidated case shall be deemed to constitute a related action

3. Each related action shall be governed by the terms of this Order and shall be consolidated for all purposes with the consolidated action.

4. The Clerk of the District Court of Shawnee Coutny, Kansas is hereby directed to transfer all papers filed to date in any of the cases consolidated herein to the court file in Case No. 06 C 801. Moreover, all subsequent documents or pleadings relating to this matter shall be filed in Case No. 06 C 801.

5. Case Numbers 06 C 813, 06 C 837, 06 C 841, 06 C 853, 06 C 854 and 06 C 864 are hereby removed from the active docket.

6. Since John R. Hamilton is an experienced attorney licensed to practice law in Kansas and he is familar with the local rules of the District Court of Shawnee County, Kansas, he is hereby appointed as "coordinating counsel" for all of the Plaintiffs. As part of his duties, Mr. Hamilton is directed to attempt to coordinate the efforts of the various named Plaintiffs and their attorneys. Mr. Hamilton shall also serve as the primary contact between the Plaintiffs and the Court.

7. Since this litigation is in its infancy and no Class Action has been Certified at this point in time, the Court finds it to be premature to appoint "lead counsel" at this stage of the litigation. However, counsel for the various Plaintiffs are hereby directed to confer with one another in good faith to coordinate their efforts.

8. Mr. Hamilton, in his capacity as coordinating counsel for the Plaintiffs, is hereby directed to provide filed-stamped copies to counsel of record for the various Plaintiffs and to all of the named Defendants.

IT IS SO ORDERED.

Entered on this _______ day of June, 2006, by
_________________________
David E. Bruns
Judge of the District Court