City Of Reno Vs. Dist. Ct. (Johnson)

Nevada Supreme Court

City Of Reno Vs. Dist. Ct. (Johnson)

DecidedDecember 12, 2019

Docket79918

StatusPublished

This text of City Of Reno Vs. Dist. Ct. (Johnson) (City Of Reno Vs. Dist. Ct. (Johnson)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City Of Reno Vs. Dist. Ct. (Johnson), (Neb. 2019).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CITY OF RENO, A MUNICIPAL No. 79918 CORPORATION OF THE STATE OF NEVADA, Petitioner, vs. THE SECOND JUDICIAL DISTRICT FILE COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; ELI A. RROWN AND THE HONORABLE BARRY L. CLERK r'REME COURT

BRESLOW, DISTRICT JUDGE, BY DEPLaY CLERK Respondents, and JEFFERY ALAN JOHNSON; JEFFERY ALAN JOHNSON, JR.; DONNA ROBINSON; DAVID "MIKE" WALLS; AND LINDA WALLS, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges district court orders certifying a class action and denying a motion to decertify the class. Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded that an appeal from an adverse final judgment would fail to SUPREME COURT OF NEVADA

{0) I947A pft-co-roa provide petitioner with an adequate legal remedy. See Pan v. Eighth

Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and that the right to appeal is an adequate legal remedy that may preclude writ relief). Accordingly, we ORDER the petition DENIED.'

, C.J.

Cadish

, Sr. J. Douglas

cc: Hon. Barry L. Breslow, District Judge Reno City Attorney Doyle Law Office, PLLC Luke A. Busby Washoe District Court Clerk

1The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 (0, I947A

Et •!'

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CITY OF RENO, A MUNICIPAL No. 79918 CORPORATION OF THE STATE OF NEVADA, Petitioner, vs. THE SECOND JUDICIAL DISTRICT FILE COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; ELI A. RROWN AND THE HONORABLE BARRY L. CLERK r'REME COURT

BRESLOW, DISTRICT JUDGE, BY DEPLaY CLERK Respondents, and JEFFERY ALAN JOHNSON; JEFFERY ALAN JOHNSON, JR.; DONNA ROBINSON; DAVID "MIKE" WALLS; AND LINDA WALLS, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges district court orders certifying a class action and denying a motion to decertify the class. Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded that an appeal from an adverse final judgment would fail to SUPREME COURT OF NEVADA

{0) I947A pft-co-roa provide petitioner with an adequate legal remedy. See Pan v. Eighth

Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and that the right to appeal is an adequate legal remedy that may preclude writ relief). Accordingly, we ORDER the petition DENIED.'

, C.J.

Cadish

, Sr. J. Douglas

cc: Hon. Barry L. Breslow, District Judge Reno City Attorney Doyle Law Office, PLLC Luke A. Busby Washoe District Court Clerk

1The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 (0, I947A

Et •!'

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