Tenth Circuit: Birch v. Polaris Industries

Torts. standards of appellate review.
Appellant waived challenge to clear error review of magistrate's holdings on matters not explicitly dispositive when counsel explicitly accepted the standard of review in the District Court.

No abuse of discretion in denial of motion to amend the claim when nine months lapse after first notice and four months lapse after confirming evidence.

No abuse of discretion in denial of motion for discovery where the discovery factors are not clearly set for th in the affidavit.

No abuse of discretion in summary judgment where the unamended complaint doesn't state a claim.

https://www.ca10.uscourts.gov/opinions/15/15-4066.pdf