OSRECOVERY, INC. v. ONE GROUPE INTERN., INC.

Docket No. 05-4371-cv.

462 F.3d 87 (2006)

OSRECOVERY, INC., John Doe Plaintiffs 3050-3188, in their individual capacities and in their capacities as claimant members of OSRecovery, Inc., John Doe Plaintiffs 1-939, in their individual capacities and in their capacities as claimant members, Plaintiffs, Gray Clare, Appellant, v. ONE GROUPE INTERNATIONAL, INC., its founders, officers and directors, a/k/a Onegroup, Osgold.Com, its founders, officers and directors, a/k/a Off-Shore Gold, Osopps.Com, David C. Reed, in his individual capacity and as co-founder of OSGold and OSOpps, OSGold, Latvian Economic Commercial Bank, a/k/a Lateko Bank, Parex Bank, a/k/a Parekss Banka, Ecommerce Exchange, Inc., its founders, officers and directors, Ecurrency Exchange, Inc., its founders, officers and directors, Pinnacle Dynamics, LLC, its founders, officers and directors, d/b/a Fastgold, James Shupperd, in his individual capacity, Goldnow Corp., Graham Kelly, in his individual capacity, Gaithmans Gold Nation Ltd., Eric Gaither, Gold-To-day, Michael Moore, in his individual capacity, Pecunix, Inc., International Negotiations Team, Rick Young, John Does, in their individual capacities, John Doe Inc., Frank Zuchristian, Euro Gold Line, Told-Today, Defendants-Appellees, Randy L. Johnson, Jr., in his individual capacity and his capacity as co-founder of OSGold and owner of Ecommerce Exchange, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2006.


Attorney(s) appearing for the Case

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

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

Before CARDAMONE, CALABRESI, POOLER, Circuit Judges.


POOLER, Circuit Judge.

Appellant Gray Clare appeals from an August 3, 2005, order of the United States District Court for the Southern District of New York (Kaplan, J.) holding him in contempt of court. See OSRecovery, Inc. v. One Groupe Int'l, Inc., No. 02 Civ. 8993(LAK), 2005 WL 1828736, *2, 2005 U.S. Dist. LEXIS 15699, *5 (S.D.N.Y. Aug. 3, 2005). The court issued the order in response to a motion from defendant-appellee, Latvian Economic Commercial Bank...

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