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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Precedential Status: Non-Precedential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