Panjwani v. Dist. Ct. (Maxwell) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
NEVEED PANJWANI, No. 69986
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
FILED
CLARK; AND THE HONORABLE ERIC APR 1 5 2016
JOHNSON, DISTRICT JUDGE, TRACE K. LINDEMAN
Respondents, CLERK OF SUPREME COURT
gy .
and DEPUTY CLERK
ASHLEY MAXWELL,
Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a
district court order denying a motion to dismiss a complaint for failure to
timely serve process.
Having considered petitioner's arguments, we are not
persuaded that writ relief is warranted. NRS 34.160; Int? Game Tech.,
Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558
(2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840,
844 (2004). Because Scrimer v. Eighth Judicial District Court, 116 Nev.
507, 516, 998 P.2d 1190, 1195-96 (2000), recognizes that a balanced and
multifaceted analysis is appropriate in determining whether to dismiss a
complaint under NRCP 4(i), and because some of the factors set forth in
Saavedra-Sandoval v. Wal-Mart Stores, Inc., 126 Nev. 592, 596, 245 P.3d
1198, 1201 (2010), and Scrimer support the district court's decision to
grant the untimely motion to enlarge the time for service and to deny
petitioner's motion to dismiss, the district court did not arbitrarily or
capriciously exercise its discretion. Int? Game Tech., 124 Nev. at 197, 179
SUPREME COURT
OF
NEVADA
(0) (947R 0
1So- 1..!8‘g
P.3d at 558; see Saavedra-Sandoval, 126 Nev. at 596, 245 P.3d at 1201
(providing that upon a showing of good cause, the district court may
enlarge the time for service of process); Scrimer, 116 Nev. at 513, 998 P.2d
at 1193-94 (explaining that the good-cause determinations under NRCP
4(i) are within the district court's discretion). We therefore
ORDER the petition DENIED.
J.
Douglas
cc: Hon. Eric Johnson, District Judge
Hawkins Melendrez, P.C.
Golightly & Vannah, PLLC/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
10) 15)41A