XYNGULAR v. SCHENKEL

No. 16-4193.

890 F.3d 868 (2018)

XYNGULAR, a Delaware corporation, Plaintiff Counter Defendant-Appellee, v. Marc SCHENKEL, an individual, Defendant Counterclaimant Third-Party Plaintiff-Appellant, v. Rudy Revak, an individual; Mary Julich, an individual; Steve Kole, an individual; Marc Walker, an individual; Bruce Jensen, an individual; Dan Murphy, an individual; Russell Fletcher, an individual; Jim Northrop, an individual; Robert Spangler, an individual; Symmetry Corporation, a Delaware corporation; Global Ventures Management Services LLC, a Delaware limited liability company; Alytis, LLC; Global Ventures Partners, Third-Party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 15, 2018.


Attorney(s) appearing for the Case

Stephen Q. Wood ( Mary Anne Q. Wood , with him on the briefs), Wood Balmforth LLC, Salt Lake City, Utah, for Defendant Counterclaimant Third-Party Plaintiff-Appellant.

Mark F. James , Hatch, James & Dodge, P.C., Salt Lake City, Utah ( Mitchell A. Stephens and Justin L. James , Hatch, James & Dodge, P.C., Salt Lake City, Utah, with him on the brief for Plaintiff Counter Defendant-Appellee, and Stephen E. W. Hale , Laura G. Kennedy , Matthew J. Ball , and Rita M. Cornish , Parr Brown Gee & Loveless, P.C., Salt Lake City, Utah, with him on the briefs, for Third-Party Defendants-Appellees), for Plaintiff Counter Defendant-Appellee.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.


Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims was pre-litigation discovery. Because we have not previously decided whether pre-litigation conduct that did not

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