In Re: Adelphia Communication Corp.

Filing 972

MEMORANDUM AND ORDER. The Bank Defendants object to an order of February 11, 2009 of Magistrate Judge Ellis to the extent that the order denied their motion for an order compelling the Adelphia Recovery Trust ("ART") to produce all withheld testifying expert materials from Adelphia Communications Corp. v. Deloitte & Touche, LLP, a case (now settled) that was pending in the Pennsylvania Court of Common Pleas for Philadelphia County. The Court concludes that Bank Brussels remains correct , and that Judge Ellis properly applied it here. The objecting parties have not shown that his decision is clearly erroneous or contrary to law, see 28 U. S. C. § 636 (b) (1) (A), and it is affirmed, and the objection overruled. (Signed by Judge Lawrence M. McKenna on 4/21/09) Filed In Associated Cases: 1:03-md-01529-LMM-RLE, 1:05-cv-09050-LMM-RLE(rjm)

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