Hooper, Iii Vs. Dist. Ct. (Hines)

IN THE SUPREME COURT OF THE STATE OF NEVADA

AUBREY JAMES HOOPER, III, No. 81349

INDIVIDUALLY,

Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF FLED

CLARK; AND THE HONORABLE

NANCY L. ALLF, DISTRICT JUDGE,

Respondents, and

DAVID HINES, INDIVIDUALLY, AND

AS HEIR TO THE ESTATE OF

STEPHENE NORMAND; ASIALYNN

NORMAND, INDIVIDUALLY, AND AS

HEIR TO THE ESTATE OF STEPHENE

NORMAND; YOSIDONNA NORMAND,

INDIVIDUALLY, AND AS HEIR TO

THE ESTATE OF STEPHENE

NORMAND; ALVIN NORMAND,

LEGAL GUARDIAN FOR AMERICUS

NORMAND, A MINOR,

INDIVIDUALLY, AND AS HEIR TO

THE ESTATE OF STEPHENE

NORMAND; DAVID HINES, AS

SPECIAL ADMINISTRATOR OF THE

ESTATE OF STEPHENE NORMAND;

DAVID HAUSER, INDIVIDUALLY;

JASON BARATTA, INDIVIDUALLY;

CULINARY LOGIC, LLC, A DOMESTIC

LIMITED-LIABILITY COMPANY; AND

HAULIN BALLS TRUCKS LLC, A

FOREIGN LIMITED-LIABILITY

COMPANY,

Real Parties in Interest.

SUPREME COURT

OF

NEVADA

1,11 1947A e ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order denying a motion to dismiss pursuant to NRCP 12(b)(4).

As a general rule, "judicial economy and sound judicial administration militate against the utilization of mandamus petitions to review orders denying motions to dismiss and motions for summary judgment." State ex rel. Dep't of Transp. u. Thornpson, 99 Nev. 358, 362, 662 P.2d 1338, 1340 (1983), as modified by State v. Eighth Judicial Dist. Court, 118 Nev. 140, 147, 42 P.3d 233, 238 (2002); Buckwalter v. Dist. Court, 126 Nev. 200, 201, 234 P.3d 920, 921 (2010) (noting that In]ormally this court will not entertain a writ petition challenging the denial of a motion to dismise). Although the rule is not absolute, see Inel Garne Tech., Inc. v. Second Judicial Dist. Court, 122 Nev. 132, 142-43, 127 P.3d 1088, 1096 (2006), petitioner has not established that an eventual appeal does not afford an adequate legal remedy. NRS 34.170. Interlocutory review by extraordinary writ is not warranted in this case. Accordingly, we ORDER the petition DENIED.

C.J.

, J. AikstG Q J Hardesty Stiglich cc: Hon. Nancy L. Allf, District Judge

Messner Reeves LLP

SUPREME Courn

OF

NEVADA (0) 1947A AB*

, Richard Harris Law Firm

Holley Driggs/Las Vegas

Murchison & Cumming, LLC/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A .00,..