Murray v. Dist. Ct. (A Cab Taxi Serv. Llc)

IN THE SUPREME COURT OF THE STATE OF NEVADA
MICHAEL MURRAY; AND MICHAEL No. 84456
RENO, INDIVIDUALLY AND ON
BEHALF OF OTHERS SIMILARLY
SITUATED,
Petitioners,
FLED
vs. SEP 2 i 2022
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, 0 41.1riPatti.ri tLjRT
IN AND FOR THE COUNTY OF The CT.CFt -
CLARK; AND THE HONORABLE
CARLI LYNN KIERNY, DISTRICT
JUDGE,
Respondents,
and
A CAB TAXI SERVICE LLC, A CAB
SERIES LLC, F/K/A A CAB, LLC; AND
CREIGHTON J. NADY,
Real Parties in Interest.
ORDER DENYING PETITION FOR
A WRIT OF MANDAMUS
This original petition for a writ of mandamus, in an action for
unpaid wages, seeks a writ directing the district court to (1) terminate its
order staying the enforcement ofjudgment pending resolution of the appeal
in Murray v. Dubric, Docket No. 83492 (Order of Affirmance, August 11,
2022);1 (2) modify the final judgment as directed by this court's opinion in A
Cab, LLC v. Murray, 137 Nev., Adv. Op. 84, 501 P.3d 961 (2021); (3) consider
1Because this court entered an order of affirmance in Murray v.
Dubric, Docket No. 83492, 2022 WL 3335982 (Nev. Aug. 11, 2022) (Order of
Affirmance), we deny as moot petitioners' request for a writ directing the
district court to lift the stay of enforcement pending resolution of that
SUPREME COURT appeal.
OF
NEVADA
'047A - `,Doc)2,
on the merits petitioners' request for a receiver, as directed by this court in
Murray v. A Cab Taxi Serv., LLC, Docket No. 82539, WL 2022 500818 (Nev.
Feb. 17, 2022) (Order of Reversal and Remand); and (5) act promptly to
enforce the final judgment.
Having reviewed the petition, answer, reply and accompanying
appendices, we conclude that our extraordinary intervention is not
warranted at this time. 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 such relief is warranted); Srnith v. Eighth
Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991)
(recognizing that writ relief is an extraordinary remedy and that this court
has sole discretion in determining whether to entertain a writ petition).
Accordingly, we
ORDER the petition DENIED.2
,•C.J.S
arraguirre
J. J.
Hardesty Stiglich
cc: Hon. Carli Lynn Kierny, District Judge
Hon. Maria Gall, District Judge
Eighth Judicial District Court Department 9
2 Withoutexpressing any opinion as to the merits of this writ petition,
we deny it without prejudice to petitioner's right to appeal from any
SUPREME COURT appealable orders or judgment.
OF
NEVADA
10) 19-17A
Leon Greenberg Professional Corporation
Rodriguez Law Offices, P.C.
Cory Reade Dows & Shafer
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
i( )/