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

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

1 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