Commerce Industry Insurance v. E.I. Du Pont De Nemours & Co. (In Re Malden Mills Industries, Inc.)

MEMORANDUM OF DECISION

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court on the Defendants’ Motion to Prevent Plaintiffs’ Improper Attempt to Disqualify Defendants’ Expert, Vahid Ebadat [# 97] (“Motion to Prevent Disqualification”) 1 and various affidavits in support of the Motion, 2 filed on April 1, 2002. The Defendants sought and were granted an emergency hearing the same afternoon the Motion was filed. At that hearing the Court entered an order prohibiting Dr. Ebadat from attending a site visit which was to take place the following day. In addition the Plaintiffs were…