Allegiant Air, LLC v. Dist. Ct. (Kinzer)

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALLEGIANT AIR, LLC; AND No. 75232 ALLEGIANT TRAVEL COMPANY,

Petitioners, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK; FILED AND THE HONORABLE JOSEPH

HARDY, JR., DISTRICT JUDGE, APR 2 5 2018 Respondents, ELIZABETH A. BROWN CLERK IX SUPREME COURT and BY -Yr DEPUTYLItt-IA ERM JASON KINZER,

Real Party in Interest.

ORDER DENYING PETITION FOR

WRIT OF MANDAMUS OR PROHIBITION This is an original petition for a writ of mandamus or prohibition challenging a district court's denial of summary judgment in a tort action. Having considered petitioners' argument and the supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. NRS 34.160; NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (stating that an appeal is generally an adequate legal remedy precluding writ relief and recognizing that petitioner bears the burden of demonstrating that writ relief is warranted); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997) (observing that this court generally will not consider writ petitions challenging orders denying SUPREME COURT

OF

NEVADA

(0) 1947A summary judgment motions); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d. 849, 851 (1991). Accordingly, we ORDER the petition DENIED.

,C.J. 'Douglas '

J.

Hardesty cc: Hon. Joseph Hardy, Jr., District Judge Jackson Lewis P.C.

The Urban Law Firm

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

10) 1947A )9t449

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