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ARNOLD v. KIP

No. 44357.

168 P.3d 1050 (2007)

Paul ARNOLD and Elizabeth Arnold, Appellants, v. Phelps C. KIP, M.D., Respondent.

Supreme Court of Nevada.

October 11, 2007.

Attorney(s) appearing for the Case

Woodburn & Wedge and Nicholas F. Frey, Reno, for Appellants.

Lemons Grundy & Eisenberg and Alice G. Campos Mercado, Reno, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider whether a defendant must demonstrate prejudice in a motion to dismiss an action under NRCP 16.1(e)(2) for the plaintiffs' failure to timely file a case conference report. Although Dougan v. Gustaveson1 suggests that the defendant must demonstrate prejudice as a result of the delay, we now clarify that a defendant who moves for dismissal because a plaintiff...

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