Shaffer v. Dist. Ct. (Shaffer)

• Court: Nevada Supreme Court
• Decided: May 12, 2022
• Docket: 84118
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CANDICE SHAFFER; AND TRAVIS No. 84118 HEINRICH, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, MAY 1 2 2022 IN AND FOR THE COUNTY OF Et.9ASF. A. BROWN CLARK; AND THE HONORABLE r.:LERK • EME COURT

NADIA KRALL, DISTRICT JUDGE, BY

Respondents, and MARK SHAFFER; AND MYVEGAS MAGAZINE, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss a complaint under NRCP 16.1(e). Having considered the petition and its supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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). Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). We generally decline to exercise that discretion to grant writ petitions challenging orders denying motions to dismiss, and we are not convinced any of the exceptions for doing so apply in this case. See Smith

1506\3 v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (discussing the exceptions to the general rule). We therefore ORDER the petition DENIED.'

Parraguirre

,J Herndon

cc: Hon. Nadia Krall, District Judge Ben Moshe & Stein Travis Heinrich Raich Law PLLC Eighth District Court Clerk

'The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.