Opinion
No. 68724
09-01-2015
CHINA VALVES TECHNOLOGY, INC., A NEVADA CORPORATION, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, and MICHAEL MARKBREITER, AN INDIVIDUAL; ZHANG QING, AN INDIVIDUAL; MICHAEL PHILLIPS, AN INDIVIDUAL; BOB ACKERLEY, AN INDIVIDUAL; CHARLES HENRI-MANGIN, AN INDIVIDUAL; NEWLIGHT HORIZON FUND, LP, A DELAWARE LIMITED PARTNERSHIP; AND RAY SHI SMALL/MID CAP FUND. A DELAWARE STATUTORY INVESTMENT FUND, Real Parties 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 MANDMAUS OR PROHIBITION
This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a motion to dismiss a complaint in a corporations action. Having considered the petition and supporting documents, we conclude that petitioner has failed to demonstrate that our extraordinary intervention is warranted. NRS 34.170; NRS 34.330; Buckwalter v. Eighth Judicial Dist. Court, 126 Nev. 200, 201, 234 P.3d 920, 921 (2010) ("Normally, this court will not entertain a writ petition challenging the denial of a motion to dismiss.''); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (holding that an appeal is generally an adequate legal remedy precluding writ relief); NRAP 3A(b)(3) (providing for an appeal from an order granting an injunction); NRAP 3A(b)(4) (providing for an appeal from an order appointing a receiver). Accordingly, we
We also deny as moot petitioner's motion to stay the proceedings below pending resolution of this matter. --------
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Gibbons
cc: Hon. Mark R. Denton, District Judge
Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas
Dentons US LLP
McDonald Carano Wilson LLP/Las Vegas
Eighth District Court Clerk