default judgment, which was denied by the district court. These appeals
followed.'
The district court has broad discretion in deciding whether to
grant or deny an NRCP 60(b) motion to set aside a judgment, and this
court will not disturb that decision absent an abuse of discretion. Cook v.
Cook, 112 •Nev. 179, 181-82, 912 P.2d 264, 265 (1996); see also NC - DSH,
Inc. v. Garner, 125 Nev. 647, 657-58, 218 P.3d 853, 861 (2009) (specifying
that this court reviews a district court's denial of NRCP 60(b) relief for an
abuse of discretion). Having reviewed the parties' briefs and appendices,
we perceive no abuse of discretion in the district court's denial of
appellant's NRCP 60(b) motion. The district court found that appellant
failed to promptly move to set aside the default judgment, he did not show
that he lacked intent to delay by failing to respond to the discovery
requests and motions in the case, and he demonstrated inexcusable
neglect by willfully failing to respond to or participate in the action. See
Kahne v. Orme, 108 Nev. 510, 513-516, 835 P.2d 790, 792-94 (1992)
(setting forth the factors a district court must consider in deciding an
NRCP 60(b) motion), overruled in part by Epstein v. Epstein, 114 Nev.
1401, 950 P.2d 771 (1997). Accordingly, we affirm the district court's
denial of appellant's NRCP 60(b) motion.
We further conclude that the district court did not abuse its
discretion in awarding attorney fees and costs to respondent. Although
NRS 598.0999(2) addresses public causes of action, NRS 41.600 provides
for a private cause of action for deceptive trade practices under NRS
'We elect to consolidate these appeals for disposition. See NRAP
3(b).
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598.0915 to NRS 598.0925 and mandates the award of attorney fees and
costs to the claimant if they are the prevailing party. We further conclude
that the district court did not abuse its discretion in finding respondent's
counsel's hourly rate reasonable. See Gunderson v. D.R. Horton, Inc., 130
Nev., Adv. Op. 9, 319 P.3d 606, 615 (2014) (stating that this court reviews
an award or denial of attorney fees and costs for an abuse of discretion);
Brunzell v. Golden Gate Nat'l Bank, 85 Nev. 345, 349-50, 455 P.2d 31, 33
(1969). Accordingly, we perceive no abuse of discretion in the district
court's decision and affirm its award of attorney fees and costs.
It is so ORDERED.
C-5ithes
Saitta
J.
J.
Gibboffs Pickering
cc: Hon. James Todd Russell, District Judge
David Wasick, Settlement Judge
Kaempfer Crowell/Carson City
Kaempfer Crowell/Reno
Watson Rounds
Carson City Clerk
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