Americana, L.L.C. Vs. Dist. Ct. (Bonifatto)

IN THE SUPREME COURT OF THE STATE OF NEVADA

AMERICANA, L.L_C., D/B/A No. 80846 BERKSHIRE HATHAWAY

HOMESERVICES NEVADA

PROPERTIES,

Petitioner, vs. FILE THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

TREVOR L. ATKIN, DISTRICT JUDGE,

Respondents, and

TONI BONIFATTO; JOSEPH

BONIFATTO; AND PETER

BONIFATTO, :Real Parties in Interest_

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original petition for a writ of mandamus, petitioner seeks a writ directing the district court to vacate its denial of petitioner's motion to dismiss real parties in interests breach of contract claims against it.

Problematically, petitioner has not provided this court with the district court order that it is challenging in the instant petition. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, and without prejudice, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).

SUPREME COURT

OF

NEVADA

(0i 1947A ale*, We reiterate that Ipletitioned I cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Accordingly, we

ORDER the petition DENIED.

, C.J.

4a

AA, xwi n , J.

Hardesty Cadish cc: Hon. Trevor L. Atkin, District Judge

Olson, Cannon, Gormley, & Stoberski

Kemp, Jones & Coulthard, LLP

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

194TA RgeM 2