No. 20-469

Ivo Lindauer, et al. v. Elna Sefcovic, LLC, et al.

Lower Court: Tenth Circuit
Docketed: 2020-10-09
Status: Denied
Type: Paid
Response Waived
Tags: ancillary-jurisdiction civil-procedure comity concurrent-jurisdiction exclusive-jurisdiction federal-court-intervention judicial-comity kokkonen-v-guardian-life settlement-enforcement state-court-jurisdiction younger-abstention
Key Terms:
Privacy ClassAction
Latest Conference: 2020-11-13
Question Presented (from Petition)

1. Is the state court's jurisdiction exclusive and ancillary under this Court's decision in Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994), thereby precluding the exercise of concurrent jurisdiction by the federal district court to enforce and modify the state court settlement and judgment?

2. Does comity require the federal court to abstain from seizing concurrent jurisdiction and ousting the state court's jurisdiction to enforce the settlement and judgment which the state court had approved and over which it retained jurisdiction?

Question Presented (AI Summary)

Whether the state court's jurisdiction is exclusive and ancillary under Kokkonen v. Guardian Life Ins. Co. of America, thereby precluding the exercise of concurrent jurisdiction by the federal district court to enforce and modify the state court settlement and judgment

Docket Entries

2020-11-16
Petition DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-23
Waiver of right of respondents Elna Sefcovic, LLC; White River Royalties, LLC; Juhan, LP and Roy Royalty, Inc., individually and on behalf of all other similarly situated to respond filed.
2020-10-22
Waiver of right of respondent TEP Rocky Mountain, LLC to respond filed.
2020-10-06
Petition for a writ of certiorari filed. (Response due November 9, 2020)

Attorneys

Elna Sefcovic, LLC; White River Royalties, LLC; Juhan, LP and Roy Royalty, Inc., individually and on behalf of all other similarly situated
George Allen BartonLaw Offices of George A. Barton, P.C., Respondent
Ivo Lindauer, et al.
Lyndon Wesley VixFleeson, Gooing, Coulson & Kitch, L.L.C., Petitioner
TEP Rocky Mountain, LLC
Stephen MasciocchiHolland and Hart LLP, Respondent