Opinion
No. 61663
2013-09-09
RYE PATCH GOLD US, INC., A NEVADA CORPORATION; AND RYE PATCH GOLD CORP., A BRITISH COLUMBIA CORPORATION, Petitioners, v. THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF PERSHING; AND THE HONORABLE MICHAEL MONTERO, DISTRICT JUDGE, Respondents, and COUER ROCHESTER, INC., Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING PETITION FOR
WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges district court orders appointing a special master and declining to revoke the appointment of the special master.
Petitioners have notified this court that the underlying district court action has been dismissed pursuant to the parties' stipulation. Petitioners assert that the issues of public importance raised in their petition may recur, thus warranting this court's consideration notwithstanding dismissal of the district court action here. Real party in interest has responded, arguing that petitioners have failed to demonstrate that the issue presented here fits within any exception to the mootness doctrine. See Personhood Nev. v. Bristol, 126 Nev. ___, ___, 245 P.3d 572, 574-75 (2010) (explaining when the capable-of-repetition-yet-evading-review exception to the mootness doctrine applies).
Having considered the parties' arguments, and as the underlying district court case has been dismissed, we conclude that this petition is moot, and we dismiss the petition. See id. at ___, 245 P. 3d at 574 (explaining that this court's duty is to decide actual controversies and not to give opinions on moot questions).
In light of this order, we vacate the stay imposed by our October 5, 2012, order.
__________, J.
Hardesty
__________, J.
Parraguirre
__________, J.
Cherry
cc: Hon. Michael Montero, District Judge
Erwin & Thompson
Parsons Behle & Latimer/Reno
Pershing County Clerk