Willard v. Berry-Hinckley Industries

In the underlying breach of contract action the Supreme Court affirmed the orders of the district court denying Appellants relief under Nev. R. Civ. P. 60(b)(1), Nev. R. Civ. P. 60(b)(5) and Nev. R. Civ. P. 60(b)(6) after the district court granted Respondents' motion for sanctions and dismissed the case with prejudice, holding that there was no error.

Appellants sued Respondents on claims sounding in breach of contract. After three years of Appellants failed to comply with various discovery requirements and court orders Respondents moved for sanctions seeking dismissal with prejudice. The district court granted the motion. Appellants moved to set aside the sanctions order, and the district court denied relief. The Supreme Court affirmed, holding (1) as to the denial of Appellants' Nev. R. Civ. P. 60(b)(1) motion, the district court's decision was supported by substantial evidence; (2) as to the denial of Appellants' Nev. R. Civ. P. 60(b)(5) motion, this rule was not an appropriate vehicle by which Appellants could obtain relief; and (3) as to the denial of Appellants' Nev. R. Civ. P. 60(b)(6) motion, the district court did not abuse its discretion.