Biscay v. MGM Resorts Int'l
Annotate this CasePlaintiff filed a complaint against Defendant for various torts after she fell at a hotel owned by Defendant. Defendant filed a demand for security of costs pursuant to Nev. Rev. Stat. 18.130. More than six months later, Plaintiff filed the required security with the court clerk. Nine days after Plaintiff filed her bond, Defendant moved the court to dismiss the case pursuant to section 18.130(4). The district court subsequently dismissed the case because Plaintiff filed her bond well outside of thirty days of receiving notice that security was required. The Supreme Court reversed, holding that the district court abuses its discretion by dismissing the case if the plaintiff has filed the required security at any time before the court dismisses the case. Remanded.
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