Nakota Trucking, LLC v. Hub International Mountain States Limited

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 19 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NAKOTA TRUCKING, LLC, No. 25-2938 D.C. No. Plaintiff - Appellant, 1:22-cv-00041-DCN v.

MEMORANDUM*

HUB INTERNATIONAL MOUNTAIN

STATES LIMITED,

Defendant - Appellee,

and

JOHN DOES 1-10, Whose true identities are unknown, AMERICAN EMPIRE

SURPLUS LINES INSURANCE

COMPANY, A Foreign Corporation,

Defendants.

Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding

Submitted February 10, 2026** Seattle, Washington

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: PAEZ and BUMATAY, Circuit Judges, and BAGGIO, District Judge.***

Nakota Trucking appeals the district court’s dismissal with prejudice for

failure to prosecute under Federal Rule of Civil Procedure 41(b). We review a Rule

41(b) dismissal…