Bullion Monarch Mining, Inc. v. Newmont USA Limited

MEMORANDUM

Appellant Bullion Monarch Mining, Inc. (“Bullion”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Newmont USA Limited (“Newmont”). Bullion filed suit seeking royalty payments which it alleges Newmont owes as a successor-in-interest to a 1979 mining contract. The district court granted summary judgment based on laches. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

Under Nevada law, laches requires a showing that “there was an inexcusable delay in seeking the petition” and “there were circumstances causing prejudice to respondent.” Nevada v. Eighth Judicial Dist. Ct., ex rel. Cnty. of Clark, 116 Nev. 127 , 994 P.2d 692, 697 (2000) (internal quotations and citation omitted).

Bullion argues that it delayed in reliance on Newmont’s assurances that the royalties owed under the 1979 contract would be paid, and that its delay was therefore excusable. The district court, resolving the disputed facts in Bullion’s favor, assumed that these assurances were made but found them insufficient to excuse Bullion’s delay. We agree with the district court that “proper diligence required some attempt to verify that…