40/40 Club Las Vegas, LLC v. Eighth Judicial Dist. Court of Nev.

• Decision Date: 18 July 2011
• Docket Number: No. 58734.,58734.
• Citation: 373 P.3d 889 (Table)
• Parties: 40/40 CLUB LAS VEGAS, LLC, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for The COUNTY OF CLARK; and The Honorable Mark R. Denton, District Judge, Respondents, and Madison Grace Contruction Services, LLC, A Nevada Limited Liability Company; Cosmopolitan Tile, Ltd., A Nevada Limited Liability Company; Universal Brass, Inc., A Nevada Corporation; Century Steel, Inc., A Nevada Corporation; Big Town Mechanical, LLC, A Nevada Limited Liability Company; Southland Industries, A California Corporation; Atlas Contruction, A Nevada Corporation; Decoustics, Ltd.; Amazon Masonry, A Nevada Corporation; Recreation Development Company, Llc, A Nevada Limited Liability Company; And Glenn Rieder, Inc., A Wisconsin Corporation; and Nevada Ready Mix Corporation, A Delaware Corporation, Real Parties in Interest.
• Court: Nevada Supreme Court

373 P.3d 889 (Table)

40/40 CLUB LAS VEGAS, LLC, Petitioner

v.The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for The COUNTY OF CLARK; and The Honorable Mark R. Denton, District Judge, RespondentsandMadison Grace Contruction Services, LLC, A Nevada Limited Liability Company; Cosmopolitan Tile, Ltd., A Nevada Limited Liability Company; Universal Brass, Inc., A Nevada Corporation; Century Steel, Inc., A Nevada Corporation; Big Town Mechanical, LLC, A Nevada Limited Liability Company; Southland Industries, A California Corporation; Atlas Contruction, A Nevada Corporation; Decoustics, Ltd.; Amazon Masonry, A Nevada Corporation; Recreation Development Company, Llc, A Nevada Limited Liability Company; And Glenn Rieder, Inc., A Wisconsin Corporation; and Nevada Ready Mix Corporation, A Delaware Corporation, Real Parties in Interest.

No. 58734.

Supreme Court of Nevada.

July 18, 2011.

Howard & Howard

Peel Brimley LLP

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a district court order requiring petitioner to produce an unredacted copy of a lease termination agreement.

Issues regarding discovery and scheduling are within the district court's discretion, and petitioner has not demonstrated that the district court has exercised its discretion arbitrarily or capriciously so that writ relief is warranted. Int'l Fidelity Ins. v. State of Nevada, 114 Nev. 1061, 967 P.2d 804 (1998)

(stating that the district court has broad discretion in addressing internal matters); Hetter v. District Court, 110 Nev. 513, 874 P.2d 762 (1994) (providing that writ relief is generally unavailable for discovery matters, with two exceptions not applicable here). Accordingly, writ relief is not warranted, NRS 34.160 ; NRS 34.320 ; Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991), and we

ORDER the petition DENIED.¹

1 In light of this order, we deny as moot petitioner's emergency motion for a stay.