Opinion
No. 76418
07-20-2018
SGRO & ROGER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE, Respondents, and GREGORY BRENT DENNIS, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency petition for a writ of mandamus challenges a district court order denying motions to quash a subpoena and for reconsideration.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioner has not demonstrated that the district court manifestly abused its discretion. Cotter v. Eighth Judicial Dist. Court, 134 Nev., Adv. Op. 32, 416 P.3d 228, 231-32 (2018); In re Grand Jury (Impounded), 138 F.3d 978, 981 (3d Cir. 1998); In re Sealed Case, 676 F.2d 793, 817-18 (D.C. Cir. 1982). Accordingly, we decline to exercise our discretion to intervene at this time, and we
Petitioner's failure to provide an affidavit of the party beneficially interested, NRS 34.170; NRAP 21(a)(5), and an NRAP 27(e) certification constitutes alternative bases on which to deny this writ petition.
In light of this order, petitioner's motion for stay is denied as moot. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michelle Leavitt, District Judge
Sgro & Roger
Chesnoff & Schonfeld
Eighth District Court Clerk