Judge Feikens said he will continue hearings on Tuesday as to Bankers Trust's motion to make the restraining order permanent and ordered McGraw-Hill to produce the documents at next Tuesday's hearing. Business Week legal affairs editor Linda Himelstein testified that she obtained the documents from a confidential source Sept. 12, when neither she nor the source knew they were covered by a court protective order.
Ms. Himelstein repeatedly invoked First Amendment and shield law privileges in refusing to reveal information about the source. Bankers Trust attorney Paul Ridgley said laws and court rulings governing confidential sources did not apply to the case, but Judge Feikens said he would not rule until both sides presented briefs on the issue.
Separately, U.S. Supreme Court Justice John Paul Stevens rejected McGraw-Hill's request for a stay of Judge Feikens' order, upholding an earlier Sixth Circuit appellate ruling that the district court should issue a final order before the appeal is heard.