Dornbach v. Tenth Judicial Dist. Court

Plaintiffs filed a complaint for a deficiency judgment against Defendants. Defendants filed a motion to dismiss for failure to state a claim. The motion was eventually denied after delays due to the death of the district court judge. While the motion remained pending, Defendants did not file an answer to the complaint. Nearly 300 days after Defendants filed the motion to dismiss, Defendants moved to dismiss the case due to Plaintiffs’ failure to comply with Nev. R. Civ. P. 16.1(e), which allows a district court to dismiss a case without prejudice if the plaintiff fails to meet the deadlines for holding an early case conference and filing the case conference report. The district court denied the motion, concluding that the death of the district judge and resulting delays warranted extending the Rule 16.1 deadlines. The Supreme Court denied Defendant’s petition for a writ of mandamus, holding that the district court did not abuse its discretion in finding that compelling and extraordinary circumstances justified an extension of time to complete the conference and report. View "Dornbach v. Tenth Judicial Dist. Court" on Justia Law