Opinion
No. 79050-COA
06-27-2019
KORY SCHEELER; THE LORETO TRUST; KORY SCHEELER AS TRUSTEE OF THE LORETO TRUST; PURSANG, LLC; ZH2, LLC; ZH3, LLC; ZH4, LLC; ZH5, LLC; EH1, LLC; EH2, LLC; EH3, LLC; EH4, LLC; EH5, LLC; EH6, LLC; ZHOME INNVOATION, LLC; ELSINORE HOLDINGS, NV, LLC; ELSINORE II, LLC; ELSINORE III, LLC; MAN PROPERTIES, LLC; KSNV II, LLC; KSNV III, LLC; ELSINORE HOLDINGS, LLC; ELSINORE FUND I, LLC; ELSINORE FUND II, LLC; ZH MANAGER, LLC; ZH L SERIES, LLC; RICKMAN, LLC; KECJ, LLC; MONTESA, LLC; AND ELSINORE, LLC, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE LINDA MARIE BELL, Respondents, and JOHN NAPOLI; ALEJANDRA ROSALES; EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ADRIANA ESCOBAR, DISTRICT JUDGE, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion to disqualify Judge Adriana Escobar.
Having reviewed the petition and supporting documents, we are not satisfied that this court's intervention by way of an extraordinary writ is warranted. See NRS 34.160; NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of an extraordinary writ is discretionary). In particular, petitioners have not demonstrated that the district court manifestly abused its discretion in denying their motion to disqualify Judge Escobar based on her Facebook connection with plaintiff John Napoli's daughter-in-law. See Towbin Dodge, LLC v. Eighth Judicial Dist. Court, 121 Nev. 251, 255, 112 P.3d 1063, 1066 (2005) (explaining that a writ petition is the appropriate vehicle by which to challenge the district court's discretion in denying disqualification); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (providing that petitioner bears the burden of demonstrating that extraordinary relief is warranted); NCJC 2.11 (describing circumstances under which a judge's disqualification is warranted). Accordingly, we
In light of this order, we deny petitioners' emergency motion for a stay as moot. --------
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Hon. Adriana Escobar, District Judge
Dreitzer Law
Janet Trost
Marquis Aurbach Coffing
Eighth District Court Clerk