Opinion
No. 63055
04-24-2013
DIANA S. EMERY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE TIMOTHY C. WILLIAMS, DISTRICT JUDGE, Respondents, and LAS VEGAS SANDS, LLC, A NEVADA LIMITED LIABILITY COMPANY D/B/A THE VENETIAN RESORT HOTEL CASINO/THE PALAZZO RESORT HOTEL CASINO, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying petitioner's motion for a jury trial.
A writ of mandamus is available to compel the performance of an act that 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. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). The issuance of a writ of mandamus is purely discretionary with this court. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Having considered the petition, we conclude that it should be denied. See id.; NRAP 21(b). We further deny as moot petitioner's April 23, 2013, stay motion.
It is so ORDERED.
________________, J.
Gibbons
________________, J.
Parraguirre
________________, J.
Cherry
cc: Hon. Timothy C. Williams, District Judge
Daniel J. Albregts, Ltd.
Lewis & Roca, LLP/Las Vegas
Eighth District Court Clerk