Opinion
No. 70415
05-19-2016
TC WESTSHORE, LLC, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. DELANEY, DISTRICT JUDGE, Respondents, and FX LUXURY LAS VEGAS I, LLC, Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of mandamus and prohibition challenging a district court order denying a motion to dismiss in a commercial eviction matter. Having considered the documents and arguments presented in this matter, we conclude that our extraordinary intervention is not warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we
Petitioner's emergency motion to stay the district court hearing is denied as moot. We note that the motion could be denied on the alternate basis that petitioner failed to first seek a stay in the district court, NRAP 8(a)(1). Petitioner failed to demonstrate that first moving for a stay in the district court would have been impracticable. NRAP 8(a)(2)(A)(i). --------
ORDER the petition DENIED.
/s/_________, J.
Hardesty /s/_________, J.
Saitta /s/_________, J.
Pickering cc: Hon. Kathleen E. Delaney, District Judge
Marquis Aurbach Coffing
McDonald Carano Wilson LLP/Las Vegas
Eighth District Court Clerk