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Comm'r of Ins. for Nev. v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Nov 13, 2020
No. 81857 (Nev. Nov. 13, 2020)

Opinion

No. 81857

11-13-2020

COMMISSIONER OF INSURANCE FOR THE STATE OF NEVADA AS RECEIVER OF LEWIS AND CLARK LTC RICK RETENTION GROUP, INC., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NANCY L. ALLF, DISTRICT JUDGE, Respondents, and ROBERT CHUR; STEVE FOGG; MARK GARBER; CAROL HARTER; ROBERT HURLBUT; BARBARA LUMPKIN; JEFF MARSHALL; ERIC STICKELS; UNI-TER UNDERWRITING MANAGEMENT CORP.; UNI-TER CLAIMS SERVICES CORP.; AND U.S. RE CORPORATION, Real Parties in Interest.


ORDER DENYING PETITION

This original petition for a writ of mandamus challenges a district court order denying petitioner's motion to amend in a tort action. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted because petitioner has an adequate remedy. 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 and that the right to appeal is generally an adequate legal remedy precluding writ relief); 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). Accordingly, we

ORDER the petition DENIED.

/s/_________, J.

Parraguirre

/s/_________, J.

Hardesty

/s/_________, J.

Cadish cc: Hon. Nancy L. Allf, District Judge

Hutchison & Steffen, LLC/Las Vegas

Lipson Neilson P.C.

McDonald Carano LLP/Las Vegas

Eighth District Court Clerk


Summaries of

Comm'r of Ins. for Nev. v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Nov 13, 2020
No. 81857 (Nev. Nov. 13, 2020)
Case details for

Comm'r of Ins. for Nev. v. Eighth Judicial Dist. Court

Case Details

Full title:COMMISSIONER OF INSURANCE FOR THE STATE OF NEVADA AS RECEIVER OF LEWIS AND…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Nov 13, 2020

Citations

No. 81857 (Nev. Nov. 13, 2020)