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Archon Corp. v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Mar 18, 2016
No. 68995 (Nev. Mar. 18, 2016)

Opinion

No. 68995

03-18-2016

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, AN INDIVIDUAL ON HIS OWN BEHALF AND ON BEHALF OF OTHERS SIMILARLY SITUATED, Real Party in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS, PROHIBITION, OR CERTIORARI

This original petition for a writ of mandamus, prohibition, or certiorari challenges a district court order denying a motion to dismiss in a contract action. Having considered the petition, answer, reply and supporting documents, we conclude that our extraordinary intervention is not warranted at this stage of the proceedings, when the district court has yet to definitively rule upon the jurisdiction, limitations, repose, and tolling issues. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (explaining that this court generally will intervene at the motion to dismiss stage only when no factual disputes exist and clear authority requires dismissal); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991); Zamarripa v. First Judicial Dist. Court, 103 Nev. 638, 640, 747 P.2d 1386, 1387 (1987). Accordingly, we

ORDER the petition DENIED.

We vacate our December 31, 2015, stay in this matter. --------

/s/_________, J.

Hardesty

/s/_________, J.

Saitta

/s/_________, J.

Pickering 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


Summaries of

Archon Corp. v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Mar 18, 2016
No. 68995 (Nev. Mar. 18, 2016)
Case details for

Archon Corp. v. Eighth Judicial Dist. Court of State

Case Details

Full title:ARCHON CORPORATION; PAUL W. LOWDEN; AND SUZANNE LOWDEN, Petitioners, v…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Mar 18, 2016

Citations

No. 68995 (Nev. Mar. 18, 2016)