On remand, the district court made the following
determinations:
Plaintiff failed to demonstrate good faith or the
exercise of due diligence regarding the filing of a
substitution of attorney [sic]. Furthermore,
Plaintiff failed to demonstrate a reasonable basis
for the Court to extend the time period for filing a
motion to substitute beyond the 90-day, limit
NRCP 25(a)(1) imposes following a suggestion of
death, and Plaintiff failed to demonstrate the
nonmoving party would not suffer prejudice by an
enlargement of the specified time.
Based on these determinations, the district court concluded that excusable
neglect had not been established and again dismissed appellant's case for
failure to file a motion to substitute within NRCP 25(a)(1)'s time frame.
Appellant contends that the district court did not make any
factual findings but instead simply concluded summarily that the four
Moseley factors were not satisfied.' We agree. Similar to the first appeal
in this case, the district court's order does not articulate a factual basis for
its conclusion that appellant had not established excusable neglect. Cf.
Jitnan v. Oliver, 127 Nev., Adv. Op. 35, 254 P.3d 623, 629 (2011) ("Without
an explanation of the reasons or bases for a district court's decision,
meaningful appellate review. . . is hampered because we are left to mere
speculation."). Accordingly, we
'We have not considered appellant's arguments that were not first
raised in district court. See Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52,
623 P.2d 981, 983 (1981).
SUPREME COURT
OF
NEVADA
2
(0) 1947A (41004
ORDER the judgment of the district court VACATED AND
REMAND this matter to the district court for proceedings consistent with
this order. 2
J.
cc: Chief Judge, The Eighth Judicial District Court
Hon. Douglas Smith, District Judge
Persi J. Mishel, Settlement Judge
Richard Harris Law Firm
Nikolas L. Mastrangelo
Moran Brandon Bendavid Moran
Eighth District Court Clerk
20n remand, we instruct the district court clerk to reassign this case
to a different department.
SUPREME COURT
OF
NEVADA
3
(0) 1947A e(fe