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United States Second Circuit


Osrecovery, Inc. v. One Groupe Int'l, Inc., 05-4371

In a suit arising out of an alleged Ponzi scheme, an order of contempt of court against a non-party for disregarding an order compelling him to respond to discovery requests propounded under the federal rules pertaining to parties, is vacated because it treated a non-party as a party to the litigation for discovery purposes, despite the court's recognition that he was not actually a party, and it did so without sufficient explanation or legal citation to enable meaningful review of the contempt order.

Appellate Information

  • Decided 09/05/2006
  • Published 09/06/2006

Judges

  • POOLER, Circuit Judge., Before CARDAMONE, CALABRESI, POOLER, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Franklin B. Velie, Sullivan & Worcester LLP, New York, N.Y. (Richard Verner, on the brief), for Appellant.

  • For Appellees:
  • Lawrence W. Newman, Baker & McKenzie LLP, New York, N.Y. (Scott C. Hutchins, on the brief), for Defendants-Appellees.
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