Maheu v. Eighth Judicial Dist. Court In and For Clark County, Dept. No. 6, 7190
Decision Date | 30 May 1973 |
Docket Number | No. 7190,7190 |
Citation | 510 P.2d 627,89 Nev. 214 |
Court | Nevada Supreme Court |
Parties | Robert A. MAHEU, Individually and doing business as Robert A. Maheu Associates, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK, DEPT. NO. 6 and the Honorable Howard W. Babcock, Judge Thereof, Respondent. |
Petitioner Maheu petitions for a writ of mandamus commanding the respondent court to hear and rule upon his pending motion for the imposition of conditional sanctions against Hughes Tool Co. in connection with the prospective deposition of Howard Hughes.
In prior proceedings this court has already decided interlocutory problems involved in this lawsuit of Robert Maheu against the Howard Hughes interests for what he claims was his wrongful discharge from employment. Our first decision, Maheu v. 8th Judicial District Court, 88 Nev. 26, 493 P.2d 709 (1972), removed an ex parte stay order, which should have paved the way for the taking of Howard Hughes' deposition, the major consideration before the court at that time. Later, in the same entitled action reported in 88 Nev. 592, 503 P.2d 4 (1972), we voided an invalid provision of a preliminary injunction which had interfered with the expenditious processing of this litigation. Those roadblocks removed, the trial court proceeded to accumulate all of the matters and motions pending and to set them for hearing. 1 Maheu asserts that he is entitled to a priority determination of his motion for sanctions surrounding the taking of Hughes' deposition because some of the language of our first decision so directed. He is accurate in stating the purport of that decision but we will not interfere with the trial court's calendaring of the pending motions. The lower court has broad discretion in calendaring matters before it. The United States Supreme Court has held:
Landis v. North American Co., 299 U.S. 248, 254--255, 57 S.Ct. 163, 166, 81 L.Ed. 153 (1936).
We find no abuse of discretion by the trial court. The petition is denied.
1 PARTY FILING DATE MOTION NATURE OF MOTION ------- ------------ ----------------------------------------- 1/11/71 Hughes Motion to vacate notice to take deposition of Hughes 1/15/71 Hughes Motion to vacate notice to take deposition of Raymond M. Holliday 1/19/71 Hughes Motion for stay and for extension of time 2/21/71 Maheu Motion to strike portion of affidavit of Thomas McKeon 3/9/71 Maheu Motion for compulsory physical examination of Hughes 3/9/71 Maheu Motion for reference to special master to examine files and documents 3/9/71 Maheu Motion for production of documents 3/9/71 Maheu Motion for access to sealed transcript 3/9/71 Maheu Motion to vacate stay of depositions of Davis and Gay 3/22/72 Hughes Motion for order fixing conditions of supersedeas and appointing special master 3/22/72 Hughes Motion for stay of proceedings pending appeal...
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