Williams Vs. Dist. Ct. (Orndorff)

Nevada Supreme Court

Williams Vs. Dist. Ct. (Orndorff)

DecidedDecember 17, 2021

Docket83705

StatusPublished

This text of Williams Vs. Dist. Ct. (Orndorff) (Williams Vs. Dist. Ct. (Orndorff)) 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.

Bluebook

Williams Vs. Dist. Ct. (Orndorff), (Neb. 2021).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THERESE WILLIAMS, No. 83705 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILE WASHOE; AND THE HONORABLE LYNNE K. SIMONS, DISTRICT JUDGE, DEC 1 7 2021 Respondents, ELIZA:BF:1H A. BROWN CLERK ' aiPREME COURT and BY— Oz. :PUTsf CLERK ASHLEE ORNDORFF, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment. Having considered the petition and its supporting documentation, 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); 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). Specifically, we generally decline to exercise our discretion to grant writ petitions challenging orders denying motions for summary judgment, and we are not convinced any of the exceptions apply in this case. See Smith v. Eighth

SUPREME COURT OF NEVADA

(()) 1947A cagrop c71 -3s - 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.'

, C.J. Hardesty

Sr.J. Herndon

cc: Hon. Lynne K. Simons, District Judge Lewis Roca Rothgerber Christie LLP/Reno Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Leverty & Associates Law, Chtd. Steven J. Klearman & Associates Washoe District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA 2 (01 1947A adages

,1•14iitt i..; 7if.f

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IN THE SUPREME COURT OF THE STATE OF NEVADA

THERESE WILLIAMS, No. 83705 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILE WASHOE; AND THE HONORABLE LYNNE K. SIMONS, DISTRICT JUDGE, DEC 1 7 2021 Respondents, ELIZA:BF:1H A. BROWN CLERK ' aiPREME COURT and BY— Oz. :PUTsf CLERK ASHLEE ORNDORFF, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment. Having considered the petition and its supporting documentation, 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); 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). Specifically, we generally decline to exercise our discretion to grant writ petitions challenging orders denying motions for summary judgment, and we are not convinced any of the exceptions apply in this case. See Smith v. Eighth

SUPREME COURT OF NEVADA

(()) 1947A cagrop c71 -3s - 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.'

, C.J. Hardesty

Sr.J. Herndon

cc: Hon. Lynne K. Simons, District Judge Lewis Roca Rothgerber Christie LLP/Reno Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Leverty & Associates Law, Chtd. Steven J. Klearman & Associates Washoe District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA 2 (01 1947A adages

,1•14iitt i..; 7if.f

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Williams Vs. Dist. Ct. (Orndorff), Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-vs-dist-ct-orndorff-nev-2021.

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