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NICHOLAS v. WYNDHAM INTERN., INC.

No. 03-2054.

373 F.3d 537 (2004)

Flora NICHOLAS; Paul Gayter, in their own right and as next friend of S.G., Plaintiffs-Appellees, and Brainwave, Incorporated, Party in Interest-Appellee, v. WYNDHAM INTERNATIONAL, INCORPORATED; Wyndham Management Corporation; Sugar Bay Club and Resort Corporation; Rick Blythe, Defendants-Appellants, and Bryan Hornby, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2004.

Attorney(s) appearing for the Case

ARGUED: Douglas Conrad Beach, Dudley, Clark & Chan, St. Thomas, Virgin Islands, for Appellants. Enu Mainigi, Williams & Connolly, Washington, D.C., for Appellees.

ON BRIEF: Robert M. Doherty, Andrew J. Durkovic, Baker & Hostetler, L.L.P., Washington, D.C., for Appellants. Joseph G. Petrosinelli, Erin E. Brophy, Williams & Connolly, Washington, D.C., for Appellees.

Before MOTZ and SHEDD, Circuit Judges, and PASCO M. BOWMAN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge MOTZ and Senior Judge BOWMAN joined.

OPINION

SHEDD, Circuit Judge.

This is an appeal from an order denying discovery from a nonparty in an ancillary discovery proceeding. The underlying lawsuit is currently pending in the United States District Court for the District of the Virgin Islands. The defendants in that action, Wyndham International, Inc. and related parties (collectively...

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