Echo Fox, LLC v. Dist. Ct. (Iota Violet, LLC) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
ECHO FOX, LLC, A NEVADA LIMITED No. 69933
LIABILITY COMPANY; AND
NARRAMORE DOBBINS, LLC, A
WYOMING LIMITED LIABILITY
COMPANY,
Petitioners,
vs.
THE EIGHTH JUDICIAL DISTRICT
FILED
COURT OF THE STATE OF NEVADA, APR 1 5 2016
IN AND FOR THE COUNTY OF TRACE K. UNDEMAN
CLARK; AND THE HONORABLE CLERK F SUPREME COURT
\
BY
MARK R. DENTON, DISTRICT JUDGE, DEPUTY CLERK
Respondents,
and
IOTA VIOLET, LLC, AN ARIZONA
LIMITED LIABILITY COMPANY; IOTA
ROYAL, LLC, A NEVADA LIMITED
LIABILITY COMPANY; AND FIVE
SPRINGS, LLC, A NEVADA LIMITED
LIABILITY COMPANY,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges
district court orders granting motions to enlarge the time in which to serve
process and denying a motion to dismiss for failure to timely serve process.
Having considered petitioners' arguments, we are not
persuaded that writ relief is warranted. NRS 34.160; Int'l 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
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multifaceted analysis is appropriate in determining whether to dismiss a
complaint under NRCP 4(i), and some of the factors set forth in Scrimer
support the district court's decision to grant an enlargement of time, the
district court did not arbitrarily or capriciously exercise its discretion.
Int? Game Tech., 124 Nev. at 197, 179 P.3d at 558; Scrirner, 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.
ThIZDLA ka-R
Douglas
cc: Hon. Mark R. Denton, District Judge
Armstrong Teasdale, LLP/Las Vegas
Ballard Spahr, LLP
Schwartz Flansburg PLLC
Eighth District Court Clerk
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