Opinion
No. 69526
01-20-2016
TORREY PINES REHABILITATION HOSPITAL, LLC; AND LAS VEGAS POST ACUTE & REHABILITATION, LLC, Petitioners, 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 EDNA SAMUEL, INDIVIDUALLY; AND EDNA ROBERTS, AS GUARDIAN FOR EDNA SAMUEL, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court oral ruling granting a motion in limine to preclude petitioners' expert from testifying at trial.
A writ of mandamus is available to compel the performance of an act the law requires as a duty resulting from an office, trust, or station, or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Int'l Game Tech., Inc. v. Eighth Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Whether such a petition will be considered rests within our sound discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). And it is the petitioners' burden to demonstrate that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition and supporting documents, we conclude that our extraordinary intervention is not warranted. See id. Accordingly, we decline to exercise our discretion to consider this matter, see Smith, 107 Nev. at 677, 818 P.2d at 851, and we therefore deny the petition. See NRAP 21(b)(1).
Our denial of this petition is without prejudice to petitioners' right to challenge the district court's resolution of the underlying motion in limine on appeal from the final judgment if petitioners are ultimately aggrieved by that judgment.
In light of this order, we deny as moot petitioners' January 7, 2016, emergency motion to stay the underlying case. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Kathleen E. Delaney, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Law Offices of Michael A. Hagemeyer
Eighth District Court Clerk