United States Tenth Circuit

In litigation concerned a health-insurance plan plaintiff, a professional employer organization providing payroll and health insurance services, purchased to cover its clients and employees, dismissal of the case without prejudice for lack of prosecution is affirmed where: 1) there was no abuse of discretion in the decision to dismiss without prejudice; 2) the circuit court adopts a prudential rule allowing the appellate court to review an interlocutory order preceding a dismissal for failure to prosecute in rare cases when it makes sense to do so; and 3) this was not one of the rare cases.

Appellate Information

• Decided 01/22/2009
• Published 01/23/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, McKAY, and BRORBY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  Frederick J. Baumann and Stephen E. Csajaghy, Rothgerber Johnson & Lyons LLP, Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Ellis J. Mayer, Nathan, Bremer, Dumm & Myers, P.C., Denver, CO, for Defendants-Appellees Thomas E. Mestmaker & Associates, Inc., Thomas E. Mestmaker, and Rick D. Hyman., Brent Anderson and Jessica E. Yates, Snell & Wilmer L.L.P., Denver, CO, for Defendants-Appellees American Family Mutual Insurance Company and Jeffrey Woody.