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IN RE ADELPHIA COMMUNICATIONS CORPORATION SECURITIES

United States District Court, S.D. New York


August 9, 2005.

IN RE ADELPHIA COMMUNICATIONS CORPORATION SECURITIES AND DERIVATIVE LITIGATION. THIS ORDER APPLIES TO 03-CV-5750.

The opinion of the court was delivered by: LAWRENCE McKENNA, District Judge

MEMORANDUM AND ORDER

Los Angeles County Employees Retirement Association ("LACERA") moves for reconsideration of this Court's July 18, 2005 Order (the "July 18 Order") which dismissed a ยง 10(b) claim against Deloitte & Touche based on securities purchases between June 26 and November 6, 1999 ("the claims"). In re Adelphia Communications Corp. Sec. & Deriv. Litig., No. 03 MD 1529, 2005 WL 1679540, at *7 (S.D.N.Y. July 18, 2005). LACERA argues that the claims, asserted in a November 6, 2002 complaint, relate back to a June 26, 2002 complaint which LACERA chose to voluntarily dismiss. (Mot. for Recon. at 5) LACERA asks this Court to do what it cannot, i.e., to find that the claims relate back to a complaint that no longer exists. LACERA's motion is granted, and upon reconsideration, the Court adheres to its original determination.

So Ordered.

20050809

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