Opinion
No. 74270
05-24-2019
ARCHON CORPORATION; PAUL W. LOWDEN; AND SUZANNE LOWDEN, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, and DAN RAIDER, Real Party in Interest.
ORDER DENYING PETITION
Original petition for a writ of mandamus or prohibition challenging a district court order compelling disclosure of a confidential settlement agreement.
Whether a writ of mandamus or prohibition will be issued is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). A writ of mandamus is available "to compel the performance of an act," NRS 34.160, that the law requires "or to control an arbitrary or capricious exercise of discretion," International Game Technology, Inc. v. Second Judicial District Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. NRS 34.320; Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012). Neither of these writs will issue if the petitioner has "a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330.
Having considered the petition, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time in light of this court's recent amendments to the Nevada Rules of Civil Procedure, effective March 1, 2019. See NRCP 26(b)(1). Accordingly, we
The Honorable Ron D. Parraguirre, Justice, is disqualified from participation in the decision of this matter. The Honorable Elissa F. Cadish, Justice, and the Honorable Abbi Silver, Justice, did not participate in the decision of this matter.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Hardesty
/s/_________, J.
Stiglich
/s/_________, Sr.J.
Shearing cc: Hon. Mark R. Denton, District Judge
Dickinson Wright PLLC
Goren, Goren & Harris, P.C.
Law Offices of Steven J. Parsons
Eighth District Court Clerk