Innovative Home Health Care, Inc. v. P.T.-O.T. Associates of the Black Hills

KOPF, District Judge.

Karl Kirsch and Susan Redden, defendants in the proceedings below, appeal from the district court’s 2 amended judgment granting summary judgment in their favor on all of the plaintiffs’ claims, but dismissing without prejudice the defendants’ counterclaims for indemnification. Kirsch and Redden argue the district court erred in dismissing their indemnification counterclaims by declining to retain supplemental jurisdiction over the counterclaims in response to the plaintiffs’ “motion for rehearing or relief from judgment” when the district court had previously entered…