Opinion
No. 72720
04-05-2017
LAS VEGAS PAVING CORPORATION, A NEVADA CORPORATION; AND BRADLEY SCHNEIDER, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE; AND THE HONORABLE NANCY L. ALLF, DISTRICT JUDGE, Respondents, and JAMAR COLEMAN, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a motion to disqualify District Court Judge Nancy L. Allf from presiding over the underlying case.
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. See 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 to consider a writ petition is within this court's discretion. Smith, 107 Nev. at 677, 818 P.2d at 851. And petitioners bear the burden of demonstrating that extraordinary relief 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 petitioners have not met their burden of demonstrating that extraordinary writ relief is warranted. See id. Accordingly, we deny the petition. See NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.
In light of our denial of this petition, we deny as moot petitioners' April 3, 2017, emergency motion for a stay of the underlying proceedings. --------
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao cc: Hon. Elizabeth Goff Gonzalez, District Judge
Hon. Nancy L. Allf, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Emerson Law Group
Marshall Law Office
Eglet Prince
Eighth District Court Clerk