183186P.pdf   05/29/2020  David Swinton  v.  Adam J. Starke
   U.S. Court of Appeals Case No:  18-3186
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, with Shepherd and Grasz, Circuit Judges] 
   Civil Case - Intervention. The district court's denial of a motion to 
   intervene is affirmed. Starke filed a putative class action against 
   SquareTrade, Inc., in New York; David Swinton filed a similar action in 
   Iowa, and the Swinton parties reached a class-wide settlement. Before 
   approval, Starke moved to intervene in the Iowa case and for a stay under 
   the first-to-file rule. The district court denied the motion to intervene 
   and for the stay; Starke appeals. The district court erred in concluding 
   that Starke's interest would not be impaired by disposition of the Swinton 
   action because Starke could opt out of the Swinton settlement, but because 
   Starke did not show he would be inadequately represented in the Swinton 
   action and there was insufficient evidence that the Swinton settlement 
   constituted a reverse auction the motion to intervene was properly denied. 
   Because Starke is not a party to the Iowa case on appeal, this court lacks 
   jurisdiction to review the denial of the motion for stay and does not have 
   pendent jurisdiction because the resolution of the motion to intervene 
   does not necessarily resolve the motion to stay.