Adelphia liquidating trust agreement
The Liquidating Trust is the successor in interest to Devon and was established pursuant to an October 1, 2003 Order (the "Devon Confirmation Order") of the United States Bankruptcy Court for the District of Delaware in In re Devon Mobile Communications, L. 02-12431(PJW) confirming the First Amended Joint Plan of Liquidation of Devon Mobile Communications, L. and the Devon Creditors Committee (the "Devon Plan"). MILLER, FEDERAL PRACTICE AND PROCEDURE § 2213; see also In re G-I Holdings Inc., supra at 439 (producing party has the option of presenting information in one of the two ways provided in Rule 34(b)); Rowlin v. It is further alleged in the Complaint that Adelphia dominated Devon, billed Devon for the aforementioned "services" for an amount not equivalent to the value of services billed, i.e. Such is emphatically not the situation presented to the Court in this matter; the Adelphia defendants have produced photographs of an orderly facility with neatly stacked rows of boxes organized by department and labeled as to content; furthermore, extensive indexes of the various departmental archives exist and are being provided in electronic format to the Liquidating Trust.
By and through the Devon Plan and the Devon Confirmation Order, all of Devon's assets, including its causes of action, were transferred to the Liquidating Trust. 34 advisory committee note to the 1980 Amendment: "The Committee is advised that, `It is apparently not rare for parties deliberately to mix critical documents with others in the hope of obscuring significance . .' The sentence added by this subdivision [regarding usual course of business method of production of documents] follows the recommendation of the Report." The Hagemeyer court specifically found that where no attempt to obscure document discovery was made, granting access to business records in labeled, indexed archives was an acceptable production in the "usual course of business." Id.
This Court has subject matter jurisdiction pursuant to 28 U. The Complaint denominates Adelphia as a de facto general partner of Devon LP.