Mirch v. Giovanni

 diligence is necessary to justify disniissal for failure to prosecute"). In
particular, the record demonstrates that after appellant's criminal case
was resolved, the following delays in the prosecution of appellant's case
occurred: (1) five months elapsed between the resolution of appellant's
criminal case and appellant's motion to lift the stay in the underlying
matter; (2) over two months elapsed between the district court lifting the
stay and appellant's January 2012 motion; (3) five months elapsed
between the district court's March 2012 ruling on that motion and the
district court's August 2012 discovery order, during which appellant took
little to no action; (4) four months elapsed between the district court's
August 2012 order and appellant's response to that order; and (5) over one
month elapsed between appellant's response to that order and appellant's
service of deposition notices. 2
Appellant provided no explanation for these delays either in
district court or on appeal. Consequently, the record supports the district
court's conclusion that appellant's failure to bring his case to trial within
2 These delays sufficiently support the district court's finding that
appellant lacked diligence, without reference to the August 2005 order,
which appellant correctly notes he timely complied with, the district
court's finding to the contrary notwithstanding. We further note that
throughout much of 2006 before the stay was entered, there appears to
have been minimal effort to move appellant's case forward. In particular,
while the record contains various subpoenas and deposition notices, there
is no indication in the record that those depositions ever took place, much
less that evidence relevant to appellant's claims was obtained from those
depositions.
SUPREME COURT
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(01 I947A met)
two years was a result of appellant's lack of diligence. Esworthy, 100 Nev.
at 214, 678 P.2d at 1150. The district court was therefore within its
discretion in dismissing the complaint. N. Ill. Corp., 78 Nev. at 215-16,
370 P.2d at 956. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Saitta
geku
Pickering
cc: Chief Judge, The Second Judicial District Court
Hon. Steven Elliott, Senior Judge
Hon. Elliott A. Sattler, District Judge
Mirch Law Firm LLP
Attorney General/Carson City
Davo Don Giovanni
Washoe District Court Clerk
SUPREME COURT
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NEVADA 3
(0) 1947A 4e(s)