Opinion
No. 67659
04-15-2015
LENNOX INDUSTRIES, INC., A DELAWARE CORPORATION, PRINCIPAL PLACE OF BUSINESS IN TEXAS, REGISTERED IN NEVADA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOANNA KISHNER, DISTRICT JUDGE, Respondents, and ASPEN MANUFACTURING, INC.; AND RICHMOND AMERICAN HOMES OF NEVADA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order granting petitioner leave to amend its cross-complaint but placing limitations on the discovery that petitioner can conduct in furtherance of the amended cross-complaint.
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. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Petitioner bears the burden of demonstrating that writ relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered petitioner's arguments and the documents before us, we conclude that our intervention by way of extraordinary relief is not warranted. Accordingly, we deny the petition. NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (explaining that whether to consider a petition for a writ of mandamus is discretionary).
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Joanna Kishner, District Judge
Selman Breitman, LLP
Hansen Rasmussen, LLC
Wood, Smith, Henning & Berman, LLP/Las Vegas
Eighth District Court Clerk