Nevada Supreme Court, 2019

Seibel v. Dist. Ct. (Desert Palace, Inc.)

Seibel v. Dist. Ct. (Desert Palace, Inc.)
Nevada Supreme Court · Decided June 7, 2019

Seibel v. Dist. Ct. (Desert Palace, Inc.)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROWEN A. SEIBEL; LLTQ No. 76118 ENTERPRISES, LLC; LLTQ ENTERPRISES 16, LLC; FERG, LLC; FERG 16, LLC; MOTI PARTNERS, LLC; MOTI PARTNERS 16, LLC; TPOV ENTERPRISES, LLC; TPOV 16 FILED ENTERPRISES, LLC; AND DNT JUN 01 019 ACQUISTION, LLC, APPEARING L BROWN EL DERIVATIVELY BY ONE OF ITS TWO CLE REM E COURT MEMBERS, R SQUARED GLOBAL BY --- OEPUTY CLERK SOLUTIONS, LLC, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOSEPH HARDY, JR., DISTRICT JUDGE, Respondents, and DESERT PALACE, INC.; PARIS LAS VEGAS OPERATING COMPANY, LLC; PHWLV, LLC; AND BOARDWALK REGENCY CORPORATION, D/B/A CAESARS ATLANTIC CITY, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This is an original petition for a writ of mandamus or prohibition challenging the denial of a motion to dismiss in a contract action.

Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention SUPREME COURT OF NEVADA 9- 2-147/0 (()) 1947A AiRa, is warranted at this time. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith u. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we ORDER the petition DENIED.

, J. AA*, J.

Pickering Hardesty

leastil) Parraguirre Stiglich

, J.

Cadish Silver

cc: Hon. Joseph Hardy, Jr., District Judge Barack Ferrazzano Kirschbaum & Nagelberg Certilman Balin Adler & Hyman Adelman & Gettleman Pisanelli Bice, PLLC Eighth Judicial District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 4e

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