Morneault, Rph Vs. Dist. Ct. (Adams) ( 2021 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
EMIL MORNEAULT, RPH, No. 83699
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF CLARK;
AND THE HONORABLE MONICA
TRUJILLO, DISTRICT JUDGE, FILED
Respondents,
and DEC 1 7 2021
PATRICIA ANN ADAMS, ELIZABETH A. BROWN
CLERK OVUPREME COURT
INDIVIDUALLY, IN HER CAPACITY AS BY
TRUSTEE OF THE STEWART FAMILY DEPUTY CLERK.
TRUST, DATED JANUARY 31, 2007, IN
HER CAPACITY AS SPECIAL
ADMINISTRATOR OF THE ESTATE OF
CONNIE STEWART AND IN HER
CAPACITY AS SPECIAL
ADMINISTRATOR OF THE ESTATE OF
GARY STEWART; GARY LINCK
STEWART, JR., AN INDIVIDUAL;
MARY KAY FALLON, AN INDIVIDUAL;
ELIZABETH A. HODGE, AN
INDIVIDUAL; AND MINH NGUYEN,
M.D.,
Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a
district court order denying a motion to dismiss in part. Having considered
the petition and its supporting documentation, we are not persuaded that
our extraordinary and discretionary intervention 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
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such relief is warranted); Smith v. 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). Specifically, we
generally decline to exercise our discretion to grant writ petitions
challenging orders denying motions to dismiss, and we are not convinced
any of the exceptions apply in this case. 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.'
Hardesty
Sr.J.
Herndon
cc: Hon. Monica Trujillo, District Judge
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas
Hayes Wakayama
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk
'The Honorable Mark Gibbons, Senior Justice, participated in the
decision of this matter under a general order of assignment.
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