Opinion
No. 63143
05-15-2013
WILLIAM A. ZAMBONI, M.D., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KENNETH C. CORY, DISTRICT JUDGE, Respondents, and ERIN HEGARTY, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123
ORDER DENYING PETITION
FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for writ of mandamus, or alternatively, prohibition, challenges a district court order denying a motion in limine and motion for partial summary judgment.
Whether a petition for mandamus or prohibition relief will be considered is purely discretionary with this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is petitioner's 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). Petitioner has not provided a copy of any written order from the district court, providing only a copy of the minutes from the hearing on petitioner's motion. This petition is therefore improper, as an oral order is ineffective because the district court remains free to reconsider the issue. Div. of Child & Family Servs., Dep't of Human Res., State of Nev. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004). Accordingly, we
Inlight of this order, we deny petitioner's motion for a stay as moot.
____________, J.
Gibbons
____________, J.
Douglas
____________, J.
Saitta
cc: Hon. Kenneth C. Cory, District Judge
Mandelbaum, Ellerton & McBride
Cohen & Padda, LLP
Eighth District Court Clerk