United Auto. Ins. Co. Vs. Dist. Ct. (Nalder)

Opinion

IN THE SUPR.EME COURT OF THE STATE OF NEVADA

UNITED AUTOMOBILE INSURANCE No. 80965 COMPANY, Petitioner, vs. THE EIGFITH jUDICIAL DISTRICT COURT OF THE STATE OF NEVA:DA, IN AND FOR THE COUNTY OF APR 2 Z 2620 CLARK; AND THE HONORABLE ERIC ELI BROWN

JOHNSON, :DTSTRICT JUDGE, CLERK REM COURT

Respondents, BY DEPUIY CLERK

and C:HEYENNE NALDER; AND GARY

Real Parties in Interest.

ORDER DENYING PETITION

.POR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges the district court's decision to lift its stay of proceedings.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991); see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ

zo.- it/ )1

relief bears the burden of showing such relief is warranted). Accordingly, we

ORDER the petition DENTED.1

.Parraguirre

J.

fla'rdesty

cc: :Hon. Eric Johnson, District judge Lewis .Roca .Rothgerber Christie LLP/Las Vegas Winner & Sherrod Stephens & Bywater, P.C. E. Breen Arntz, Chtd. Christensen Law Offices, LLC Eighth :District Court Clerk

1 .l.n light of this order, we deny as moot petitioner's emergency motion for stay and motion for judicial notice.

SUPREME COURT OF NEVADA

2

(01 19.1M 414R1g.