Opinion
No. 56457.
01-18-2011
RYDER FIRENZE, LLC, A Nevada Limited Liability Company; Ryder Homes of California, Inc. ; and Ryder Homes of Nevada, Inc., A Nevada Corporation, Petitioners, v. The SECOND JUDICIAL DISTRICT COURT OF the STATE OF NEVADA, in and for the COUNTY OF WASHOE, and The Honorable Steven P. Elliott, District Judge, Respondents, and Paul And Brett Canady, Real Parties in Interest.
Castronova Law Offices, P.C. Lewis & Roca, LLP/Reno
Castronova Law Offices, P.C.
Lewis & Roca, LLP/Reno
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss and lifting a stay in a constructional defect action and an order denying reconsideration.
The writ of mandamus is an extraordinary remedy, and the decision to entertain a petition requesting such relief is addressed solely to this court's discretion. See Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991). Petitioners bear the burden of demonstrating that this court's intervention by way of extraordinary relief is warranted. Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having reviewed this petition and its supporting documentation, petitioner has failed to persuade us that our intervention by way of extraordinary relief is warranted. NRAP 21(b)(1) ; Smith, 107 Nev. 674, 818 P.2d 849. Accordingly, we
Petitioners' failure to include with their petition a complete copy of the challenged district court order lifting the stay further militates against this court's extraordinary intervention. See NRAP 21(a)(4) (providing that the petitioners' appendix “shall include a copy of any order ... that may be essential to understand the matters set forth in the petition”); Pan, 120 Nev. at 228–29, 88 P.3d 840, 844.
ORDER the petition DENIED.