IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERT D. BARNHART; AND JILL A. No. 82619 BARNHART, Petitioners, vs. TH E 'EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, MED IN AND FOR THE COUNTY OF MAR 2 3 2021 CLARK; AND THE HONORABLE ERIC P_RC:INN CLERK OF UPREML COURT JOHNSON, DISTRICT JUDGE, Respondents, TY CLERK and VENTANA BEAUMONT, INC., Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This emergency petition for a writ of mandamus challenges a district court order denying petitioners motion to disqualify real party in interest's counsel.

Whether to entertain a petition for extraordinary writ relief is entirely discretionary with this court. Leibowitz v. Eighth Judicial Dist.

Cottrt, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). A writ of mandamus is available only to compel the performance of a legally required act or to cure a manifest abuse of, or an arbitrary and capricious exercise of, discretion.

Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). It is petitioners' burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and its accompanying docurnents, we are not satisfied that our intervention by way of extraordinary writ is merited. The district court has "broad discretion in determining whether disqualification is required in a particular case," Leibowitz v. Eighth Judicial Dist. Court, 119 Nev. 523, 529, 78 P.3d 515, (2003), and petitioners have not demonstrated that the district court manifestly abused or arbitrarily and capriciously exercised that discretion when it denied their motion to disqualify counsel. Accordingly, we ORDER the petition DENIED.

J.

Parraguirre

Stiglich

, J.

Silver

cc: Hon. Eric Johnson, District Judge Black & Wadhams Takos Law Group, Ltd. Eighth District Court Clerk