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ATSI COMMUNICATIONS, INC. v. SHAAR FUND, LTD

Docket No. 08-1815-cv.

547 F.3d 109 (2008)

ATSI COMMUNICATIONS, INC., a Delaware Corporation, Plaintiff, Maryann Peronti, Gary M. Jewell, and James Wes Christian, Christian Smith & Jewell, LLP and Koerner, Silberberg & Weiner, LLP, Appellants, v. The SHAAR FUND, LTD., Levinson Capital Management, Shaar Advisory Services, N.V., Marshall Capital Services, LLC, Jesup & Lamont Structured Finance Group, RGC International Investors, LDC, Rose Glen Capital Management, L.P., MG Security Group, Inc., Corporate Capital Management, Crown Capital Corporation, InterCaribbean Services, Ltd., John Does 1-50, Kenneth E. Gardiner, Citco Funds Svcs., Iuc Hollman, W.J. Langeveld, Sam Levinson, Hugo Van Neutegem, Declan Quilligan, Nathan Lihon, Wayne Bloch, Gary Kaminsky, Steve Katznelson and SEI Investment Co., Defendants, Knight Capital Markets, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 20, 2008.

Attorney(s) appearing for the Case

Thorn Rosenthal, Cahill Gordon & Reindel LLP, New York, NY, for Appellee.

Thomas I. Sheridan, III, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, New York, NY, for Appellants.

Before: SACK and KATZMANN, Circuit Judges, and RAKOFF, District Judge.

SACK, Circuit Judge:

The question presented by this motion is whether the Supreme Court's decision U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) ("U.S.Bancorp"), requires us, in the absence of exceptional circumstances, to deny a joint motion to vacate a district court's judgment when the parties to the appeal have conditioned a settlement on our granting the motion...

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