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D.A. OSGUTHORPE FAMILY PARTNERSHIP v. ASC UTAH

Nos. 11-4062, 11-4113, 11-4159.

705 F.3d 1223 (2013)

D.A. OSGUTHORPE FAMILY PARTNERSHIP, a Utah limited partnership, Plaintiff-Appellant, v. ASC UTAH, INC., a Maine corporation; Wolf Mountain Resorts, L.C., a Utah limited liability company; the Third Judicial District Court, an agency of the Judicial Branch of government of the State of Utah; and The Honorable Robert K. Hilder, in his capacity as a Judge of the Third Judicial District Court in and for the State of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 15, 2013.

Attorney(s) appearing for the Case

David Scofield , Peters/Scofield, Salt Lake City, UT, for Plaintiff-Appellant.

Brent M. Johnson , Utah State Administrative Office of Courts, for Defendants-Appellees Third Judicial District Court and Judge Robert K. Hilder, Salt Lake City, UT, and John R. Lund, Snow, Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellee ASC Utah (Kara L. Pettit, Snow, Christensen & Martineau, Salt Lake City, UT, Attorney for Defendants-Appellees ASC Utah, with them on the brief).

Before LUCERO, HOLLOWAY, and HARTZ, Circuit Judges.

HOLLOWAY, Circuit Judge.

INTRODUCTORY STATEMENT

Some time ago, this lawsuit began in Utah state court. Since then, the litigation has not so much developed as it has metastasized: parties have proliferated, claims have collided, and issues have become intimately entangled. Eventually, one of the frustrated suitors looked to the federal courts for relief, asking for a stay of all state-court proceedings and an order compelling arbitration of the state-court...

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