United States Tenth Circuit
Ecclesiastes 9:10-11-12, Inc. v. LMC Holding Co., 05-4192
In an action arising from an asset purchase agreement for the sale of plaintiffs' snow-grooming company, dismissal of the action with prejudice for failure to prosecute is affirmed as the district court did not abuse its discretion in granting the motion to dismiss due to plaintiff's discovery-related dilatoriness, which resulted in the incurable loss of one witness's "unique and critical testimony" when he died.
Appellate Information
- Decided 08/10/2007
- Published 08/13/2007
Judges
- HOLMES, Circuit Judge., Before BRISCOE, HOLLOWAY, and HOLMES, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Reid Lambert, Woodbury & Kesler, Salt Lake City, UT, (Edgar Boles, Moriarty & Jaros, PLL, Pepper Pike, OH, with him on the brief), for Plaintiff-Appellant.
- For Appellees:
- Christopher Johnson, Kasowitz, Benson, Torres & Friedman, LLP, New York City, NY, (Wayne G. Petty, Moyle & Draper, Salt Lake City, UT, with him on the briefs), for Defendants-Appellees.