Opinion
No. 80277-COA
01-02-2020
ALI SHAHROKHI, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MATHEW HARTER, DISTRICT JUDGE, Respondents, and KIZZY BURROW, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency petition for a writ of mandamus challenges oral district court rulings arising from a December 12, 2019, hearing.
Having reviewed the petition and supporting documents, we are not convinced that our extraordinary intervention is warranted at this time. At the hearing, the district court made rulings in accordance with our November 6, 2019, mandate and moved the case forward by scheduling an evidentiary hearing on the final custody and relocation decisions for February. Any dispute as to the standard under which the court will make those determinations is premature. Therefore, petitioner has not demonstrated that extraordinary relief is necessary, see Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (explaining that a writ of mandamus is available to compel the performance of a legally required act or to control an arbitrary or capricious exercise of discretion); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224-25, 228, 88 P.3d 840, 841, 844 (2004) (pointing out that an appeal is an adequate legal remedy precluding writ relief and observing that the party seeking writ relief bears the burden of showing such relief is warranted), and we decline to exercise our discretion to intervene. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that we have sole discretion in determining whether to entertain a writ petition). Accordingly, we
In light of this order, we deny as moot petitioner's motion for transmittal of a report involving the minor child.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Mathew Harter, District Judge
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