Arnold v. Kip

OPINION

By the Court, Hardesty, J.:

In this appeal, we consider whether a defendant must demonstrate prejudice in a motion to dismiss an action under NRCP 16.1(e)(2) for the plaintiffs’ failure to timely file a case conference report. Although Dougan v. Gustaveson 1 suggests that the defendant must demonstrate prejudice as a result of the delay, we now clarify that a defendant who moves for dismissal because a plaintiff has failed to timely file a case conference report under NRCP 16.1(e)(2) does not need to demonstrate prejudice and that the district court does not need to determine whether…