Lindsey v. Conteh CA4/3
In this high stakes shareholder derivative lawsuit, defendants Alieu B. M. Conteh (Conteh), Odessa Capital Inc., Dominique Financial, Ltd., OOA ONE, LLC, and OOA TWO, LLC (collectively, defendants), appeal from a default judgment entered against them which is arguably valued at approximately $94 million. The judgment, which awarded plaintiffs James R. Lindsey, as trustee of the Lindsey Family Trust, William Buck Johns, Wymont Services, Ltd. and Marc van Antro (collectively, plaintiffs), a constructive trust on behalf of nominal defendant African Wireless, Inc. (African Wireless) over certain shares in two telecommunications businesses, resulted from terminating sanctions being granted against defendants by a general reference discovery referee. The referee found defendants engaged in a pattern of discovery abuse, not the least of which was violating three of the referee’s prior discovery orders.
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