Securities and Exchange Commission Richard G. Shaffer, Receiver, Plaintiffs v. Elmas Trading Corporation, and James L. Attarian

ORDER

This appeal is dismissed for lack of jurisdiction. Appellant is incarcerated for civil contempt. Orders of civil contempt entered against a party during the course of a pending civil action are not ap-pealable until final judgment. Union of Professional Airmen v. Alaska Aeronautical Industries, Inc., 625 F.2d 881, 883 (9th Cir.1980). After limited review to determine whether the contempt is criminal or civil, the court concludes that the district court did not clearly err in finding that appellant is able to comply with its orders of production. “When the petitioners carry ‘the keys of their prison in their own pockets/ the action ‘is essentially a civil remedy.’ ” Shillitani v. United States, 384 U.S. 364, 368 , 86 S.Ct. 1531, 1534 , 16 L.Ed.2d 622 (1965) (citations omitted).

The district court ordered Attarian incarcerated for his failure to obey its order to account for funds and to produce records relating to assets. From the court’s order, it is clear that its purpose in incarcerating Attarian is to coerce him to produce the demanded documents that are needed in the litigation and investigation or to provide credible evidence as to his inability to comply. As such,…