Nevada Yellow Cab Corp. v. Dist. Ct. (Thomas)

IN THE SUPREME COURT OF THE STATE OF NEVADA

NEVADA YELLOW CAB No. 74166 CORPORATION; NEVADA CHECKER

CAB CORPORATION; AND NEVADA

STAR CAB CORPORATION,

Petitioners, vs.

FL THE EIGHTH JUDICIAL DISTRICT

FEB 02 2U COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE DEPUTY RONALD J. ISRAEL, DISTRICT

JUDGE,

Respondents, and

CHRISTOPHER THOMAS; AND

CHRISTOPHER CRAIG,

Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order striking certain affirmative defenses in a constitutional minimum wage matter. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge. "A writ of mandamus is available to compel the performance of an act that the law requires . . . or to control an arbitrary or capricious exercise of discretion." Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); NRS 34.160. A writ of mandamus will not issue, however, if the petitioners have a plain, speedy, and adequate remedy at law. See NRS 34.170. Whether to consider a writ of mandamus is within this court's sole discretion. Smith v. Eighth Judicial Dist, Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioners bear SUPREME COURT

OF

NEVADA St• 0 q rg (0)1947A Qa- nr the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having reviewed the petition and accompanying documents, we conclude that our intervention by way of extraordinary relief is not warranted. We therefore

ORDER the petition DENIED.

J. Hardesty cc: Hon. Ronald J. Israel, District Judge

Marc C. Gordon

Tamer B. Botros

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP/Las Vegas Leon Greenberg Professional Corporation

Rodriguez Law Offices, P.C.

Hejmanowski & McCrea LLC

Eighth District Court Clerk

SUPREME COURT

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NEVADA (0) I947A