Harvey's Wagon Wheel, Inc., Plaintiff-Appellee, v. Toshi Van Blitter, Defendant-Appellant., 959 F.2d 153

Defendant gambler executed six negotiable instruments that she delivered to plaintiff gambling establishment to cover gaming losses. Defendant's bank dishonored the instruments and plaintiff filed suit in federal court seeking payment of the debt. Federal jurisdiction rested on diversity. More than five years after the case was filed, plaintiff moved for summary judgment. Defendant's opposition rested on plaintiff's failure to bring the case to trial within five years as required by Nev. R. Civ. P. Dist. Ct. 41(e). Defendant also argued that if the lower court looked to federal rules instead, it should dismiss the case for failure to prosecute pursuant to Fed. R. Civ. P. Dist. Ct. 41(b). The lower court looked to the federal rule, declined to dismiss the complaint, and granted plaintiff's summary judgment motion. Defendant appealed and the court affirmed the judgment of the lower court. The court held that both Rule 41(b) and Rule 41(e) were coextensive because both aimed to promote ...