Gravady Nev., Llc v. Dist. Ct. (Mejia)

IN THE SUPREME COURT OF THE STATE OF NEVADA

GRAVADY NEVADA, LLC, A NEVADA No. 84534 LIMITED LIABILITY COMPANY; AND

CIRCUSTRIX, LLC, A UTAH LIMITED

LIABILITY COMPANY,

Petitioners,

VS. FILED THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA, JUN 1 7 2022 IN AND FOR THE COUNTY OF ELIZABETH A. BROWN CLERitF RENE COURT CLARK; AND THE HONORABLE BY DEPUTY CLERK NADIA KRALL, DISTRICT JUDGE,

Respondents, and

JESUS MEJIA, AN INDIVIDUAL,

Real Party in Interest.

ORDER DENYING PETITION

This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment in a tort action. Having considered the petition and its supporting documents, we are not persuaded that writ relief is warranted. See 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). Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). We generally decline to exercise that discretion as to petitions challenging orders denying summary judgment motions, and we are not convinced that any of the exceptions for doing so apply in this case.

eV.- 19 2og See Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (discussing the exceptions to the general rule). We therefore ORDER the petition DENIED.'

.J. P rraguirre cc: Hon. Nadia Krall, District Judge Wood, Smith, Henning & Berman, LLP/Las Vegas Bighorn Law/Las Vegas

Eighth District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT

OF

NEVADA (0) 1947A 404,4