United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry v. Manson

OPINION

NRCP 41(e) mandates dismissal of an action that has not been brought to trial within five years of the filing of the plaintiff’s complaint. In this case, the district court correctly held that the submission of a motion for summary judgment which is subsequently granted constitutes bringing an action to trial. The district court also correctly held that dismissal of a third-party claim becomes mandatory when the claim has not been brought to trial within five years of the time the original plaintiff commenced the action. The district court, however, erred in believing that NRCP 41(e)…