Opinion
No. 66628
10-07-2014
HEALTH PLAN OF NEVADA, INC.; AND SIERRA HEALTH SERVICES, INC., Petitioners, 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 BERNARD THOMAS PAUL, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 emergency petition for a writ of mandamus or prohibition challenges a district court order denying a motion to stay the underlying case pending this court's resolution of consolidated appeals presenting similar issues to those presented in the case below.
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. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. See NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Whether a writ petition will be considered is within this court's discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is petitioners' burden to demonstrate that this court's 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 appendix, we conclude that writ relief is not merited. See Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we deny the petition. See NRAP 21(b)(1).
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Saitta
cc: Hon. Timothy C. Williams, District Judge
Bartlit Beck Herman Palenchar & Scott LLP
Holland & Hart LLP/Las Vegas
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
Lewis Roca Rothgerber LLP/Las Vegas
Eglet Law Group
Kemp, Jones & Coulthard, LLP
Eighth District Court Clerk