Opinion
No. 68439
11-12-2015
WYNN RESORTS, LIMITED, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE, Respondents, and KAZUO OKADA; UNIVERSAL ENTERTAINMENT CORPORATION; AND ARUZE USA, INC., 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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
This original petition for a writ of prohibition or mandamus challenges a district court order granting a motion to compel discovery.
The Honorable James E. Wilson, Jr., District Judge in the First Judicial District Court, and the Honorable Steve L. Dobrescu, District Judge in the Seventh Judicial District Court, were designated by the Governor to sit in place of the Honorable Ron Parraguirre, Justice, and the Honorable Kristina Pickering, Justice, who voluntarily recused themselves from participation in the decision of this matter. Nev. Const. art. 6, § 4(2). --------
Having considered the petition, supporting documents, and the oral argument of counsel, we are not persuaded that petitioner has met its burden of demonstrating clear legal error in the district court's discovery determination thus warranting our interlocutory intervention at this time. NRS 34.160; NRS 34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991); see Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev., Adv. Op. 21, 276 P.3d 246, 249 (2012) (recognizing that "[d]iscovery matters are within the district court's sound discretion, and [this court] will not disturb a district court's ruling regarding discovery unless the court has clearly abused its discretion"). As petitioner has not demonstrated that the district court "clearly abused its discretion" in granting the motion to compel discovery, Club Vista, 128 Nev., Adv. Op. 21, 276 P.3d at 249; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004), we
ORDER the petition DENIED.
/s/_________, C.J.
Hardesty
/s/_________, J.
Douglas
/s/_________, J.
Saitta
/s/_________, D.J.
Wilson
/s/_________, J.
Cherry
/s/_________, J.
Gibbons
/s/_________, D.J.
Dobrescu
cc: Hon. Elizabeth Goff Gonzalez, District Judge
Wachtell, Lipton, Rosen & Katz
Pisanelli Bice, PLLC
Glaser Weil Fink Jacobs Howard Avchen & Shapiro,
LLC/Los Angeles
BuckleySandler LLP
Holland & Hart LLP/Las Vegas
Eighth District Court Clerk