Reddy v. Dist. Ct. (Davis) ( 2014 )


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  •                 before the trial was set to begin that petitioners moved to vacate the trial
    date. Thus, applying the standards for mandamus relief to the instant
    matter, we conclude that our intervention is not warranted.          See NRS
    34.160 (providing that a writ of mandamus is available to compel the
    performance of an act that the law requires as a duty resulting from an
    office, trust, or station or to control an arbitrary or capricious exercise of
    discretion); 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) (providing that it is the petitioner's
    burden to demonstrate that our extraordinary intervention is warranted);
    Smith v. Eighth Judicial Dist. Court, 
    107 Nev. 674
    , 679, 
    818 P.2d 849
    , 853
    (1991) (explaining that a writ of mandamus is an extraordinary remedy
    and whether such a writ will be considered is within our sole discretion).
    Although petitioners argue that the district court's decision to deny the
    motion was not based on reason, but rather on a preference for
    maintaining the trial date, the documents provided to this court do not
    support this argument or demonstrate that the district court otherwise
    acted arbitrarily or capriciously under the circumstances. Accordingly, we
    ORDER the petition DENIED.
    Ade.
    Pickering
    Parraguirre
    ,J
    Saitta
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. Valorie J. Vega, District Judge
    Hafter Law
    Harrison Davis Steakley Morrison, P.C.
    Wetherall Group, LTD.
    Eighth District Court Clerk
    3
    

Document Info

Docket Number: 65354

Filed Date: 4/21/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021