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ADVANTEDGE BUSINESS GROUP, L.L.C. v. THOMAS E. MESTMAKER & ASSOC.

No. 07-1209.

552 F.3d 1233 (2009)

ADVANTEDGE BUSINESS GROUP, L.L.C., a Colorado limited liability company, Plaintiff-Appellant, v. THOMAS E. MESTMAKER & ASSOCIATES, INC., a California corporation; Thomas E. Mestmaker, individually; Rick D. Hyman, individually; Jeffrey Woody, individually and doing business as American Family Insurance; David Williams, individually; American Family Mutual Insurance Company, a Wisconsin corporation, Defendants and Cross-Defendants-Appellees, and American Employment Group, Inc., Defendant and Cross-Claimant.

United States Court of Appeals, Tenth Circuit.

January 22, 2009.

Attorney(s) appearing for the Case

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

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.

Before MURPHY, McKAY, and BRORBY, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff AdvantEdge Business Group, L.L.C. (AdvantEdge) appeals the district court's order dismissing its case without prejudice for lack of prosecution. The order of dismissal closed the case, and this court has jurisdiction. See 28 U.S.C. § 1291; Rogers v. Andrus Transp. Servs., 502 F.3d 1147, 1151 (10th Cir.2007) (stating order dismissing complaint without prejudice was appealable because it closed the case). Although...

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