Harvey's Wagon Wheel, Inc. v. Toshi Van Blitter

BEEZER, Circuit Judge:

This appeal raises a choice of law question of first impression: In a diversity action, should a district court apply federal rule of civil procedure 41(b), which permits dismissal for failure to prosecute, or should it apply Nevada rule of civil procedure 41(e), which mandates dismissal for failure to prosecute after five years? Applying the analytical framework set forth in Olympic Sports Prod. v. Universal Athletic Sales Co., 760 F.2d 910 (9th Cir.1985), cert. denied, 474 U.S. 1060, 106 S.Ct. 804, 88 L.Ed.2d 780 (1986), we hold that the federal law applies and we…