Nat'l Frozen Foods Corp. v. Dist. Ct. (Denniston)
Nat'l Frozen Foods Corp. v. Dist. Ct. (Denniston)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
NATIONAL FROZEN FOODS No. 71552 CORPORATION, A WASHINGTON CORPORATION; ARTHUR HARRISON; AND CLAUDIA HARRISON, HUSBAND AND WIFE AND THE MARITAL COMMUNITY COMPROMISED DEC 22 2017 THEREOF, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE, Respondents, and BRUCE DENNISTON, AS GUARDIAN FOR THE PERSON AND ESTATE OF JEREMY DENNISTON; BRUCE DENNISTON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KERRI DENNISTON AND ON BEHALF OF STATUTORY WRONGFUL DEATH BENEFICIARIES JEREMY DENNISTON, ASHLEY TEXLEY, AND MICHAEL DENNISTON; ERNEST STEVE; RACHEL UNDERLAND, HUSBAND AND WIFE, AND THE MARITAL COMMUNITY COMPRISED THEREOF AND THE NATURAL PARENTS OF GARRETT UNDERLAND; STACY TAYLOR, THE COURT-APPOINTED PERSONAL REPRESENTATIVE OF THE ESTATE SUPREME COURT OF NEVADA
(0) 1947A .er 1 1 147 ii OF GARRETT UNDERLAND; LEWIS KINDER; AND CHERYL KINDER, HUSBAND AND WIFE, AND THE MARITAL COMMUNITY COMPRISED THEREOF, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of prohibition or mandamus challenging a district court order denying a motion to dismiss the underlying complaint for lack of jurisdiction and/or forum non conueniens. Having reviewed the parties' briefing, and without deciding the merits of any claims raised therein, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. See NRS 34.160; NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). First, we note that the parties continued to engage in jurisdiction-related discovery during the pendency of this writ. Because real parties in interest were only required to make a prima facie showing of personal jurisdiction as to petitioner National Frozen Foods Corporation (NFF) at the pretrial stage, we conclude real parties in interest are "entitled to make a prima facie showing of personal jurisdiction with this additional evidence at [their] disposal." Fulbright & Jaworski LLP v. Eighth Judicial Dist. Court, 131 Nev., Adv. Op. 5, 342 P.3d 997, 1005-06 (2015). Second, we decline to consider NFF's writ petition at this time because the parties did not have the opportunity to consider the United States Supreme Court's recent decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., U .S. , 137 S. Ct. 1773 (2017). Accordingly, we SUPREME COURT OF NEVADA 2 (0) 1947A ORDER the petition DENIED.
, J. Hardesty
_11")..eact_atrys,,, J. Parraguirre
cc: Hon. Elizabeth Goff Gonzalez, Chief Judge Thorndal Armstrong Delk Balkenbush & Eisinger/Reno Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas Law Offices of Elizabeth R Mikesell Law Office of Julie A. Mersch Coluccio Law Friedman Rubin/Bremerton. Matthew L. Sharp, Ltd. Eighth District Court Clerk
SUPREME COURT OF NEVADA 3 (0) 1947A
IT;111
Reference
- Status
- Unpublished