Wednesday, July 3, 2013

Mountain View Rec. v. Imperial Commercial, 129 Nev. Adv. Op. 45 (July 3, 2013)

Before the Court en banc. Opinion by Justice Hardesty.
In this appeal, the Court reviewed whether the district court had abused its discretion by granting a motion to change venue from Nye County to Clark County based on the doctrine of forum non conveniens and a finding that courtroom facilities in Pahrump were inadequate for trial. The motion, filed by one of the defendants, argued that Las Vegas would be more convenient insofar as (1) the majority of pretrial litigation and discovery had taken place in Las Vegas, (2) the physical evidence, special master, and majority of counsel, were located in Las Vegas, (3) experts would have to travel through Las Vegas to get to Pahrump, (4) the majority of plaintiff’s witnesses would not have to travel to Las Vegas from Pahrump, and (5) the transfer would not result in a reassignment of judges insofar as a senior judge had already been assigned. The Court reversed, concluding that the record was insufficient to support the district court’s finding of inconvenience under NRS 13.050 and Eaton v. Second Judicial Dist. Court, 96 Nev. 73, 774-75, 616 P.2d 400, 401 (1980), because respondent had failed to offer any affidavits or evidence establishing the extraordinary circumstances needed to change venue under Eaton. Additionally, the district court failed to recognize the obligation of Nye County under NRS 3.100(2) and Angell v. Eighth Judicial District Court, 108 Nev. 923, 839 P.2d 1329 (1992), to provide adequate facilities for the litigation. Finally, the district court failed to consider and respondents failed to offer evidence concerning the congestion of the Clark County district court’s docket in determining whether it could accommodate the trial if transferred. The Court adopted the rule from Gates Learjet Corp. v. Jensen, 743 F.2d 1325, 1337 (9th Cir. 1984) and GeoChem Tech Corp. v. Verseckes, 962 S.W.2d 541, 543 (Tex. 1998), imposing the burden on the movant to demonstrate that a change in venue will result in a speedier resolution of the matter. Reversed and remanded. (David Stoft, Associate in the Las Vegas office of McDonald Carano Wilson.)