MIDDLETON v. STEPHENSON

No. 12-4183.

749 F.3d 1197 (2014)

Brent MIDDLETON, in his individual capacity and as Trustee of the National Financial Systems Management, Inc. Employee Stock Ownership Plan; Jamie Sorenson; Mike Medell, Plaintiffs-Counter-Defendants-Appellees, v. J. Hoyt STEPHENSON, Defendant-Counterclaimant-Third-Party-Plaintiff-Appellant, and Eric Gerdes; Bailey N. Hall; Scott Mee; National Financial Systems Management, Inc.; National Financial Systems Management, Inc. Employee Stock Ownership Plan; Darwin Nelson; Ben Staples; Thrive National; Thrive National Corporation; Thrive Systems; George Ulrich, Third-Party-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 24, 2014.


Attorney(s) appearing for the Case

David K. Isom of Isom Law Firm PLLC, Salt Lake City, UT, for Defendant-Counterclaimant-Third-Party Plaintiff-Appellant.

David L. Arrington of Durham Jones & Pinegar, Salt Lake City, UT, and Jason M. Yancey of Helgesen, Waterfall & Jones, P.C., Clearfield, UT ( Richard M. Hymas of Durham Jones & Pinegar, Salt Lake City, UT, with him on the brief), for Third-Party Defendants-Appellees.

Before KELLY, HOLLOWAY, and PHILLIPS, Circuit Judges.


PHILLIPS, Circuit Judge.

Brent Middleton and others — all Utah citizens — brought several federal-law claims against J. Hoyt Stephenson in the United States District Court for the District of Utah. Stephenson fought back with state-law counterclaims and a third-party complaint asserting state-law claims against multiple third-party defendants — also all Utah citizens. But the district court dismissed those counterclaims and third-party claims...

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