Archon Corp. v. Dist. Ct. (Raider) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
ARCHON CORPORATION; PAUL W. No. 68995
LOWDEN; AND SUZANNE LOWDEN,
Petitioners,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
FILED
CLARK; AND THE HONORABLE MAR 1 8 2016
MARK R. DENTON, DISTRICT JUDGE, TRACIE K. LINDEMAN
CLERer PREME COURT
Respondents, BY
and DEPUTY CLERK
DAN RAIDER, AN INDIVIDUAL ON
HIS OWN BEHALF AND ON BEHALF
OF OTHERS SIMILARLY SITUATED,
Real Party in Interest.
ORDER DENYING PETITION
FOR WRIT OF MANDAMUS, PROHIBITION, OR CERTIORARI
This original petition for a writ of mandamus, prohibition, or
certiorari challenges a district court order denying a motion to dismiss in a
contract action. Having considered the petition, answer, reply and
supporting documents, we conclude that our extraordinary intervention is
not warranted at this stage of the proceedings, when the district court has
yet to definitively rule upon the jurisdiction, limitations, repose, and
tolling issues. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-
45, 950 P.2d 280, 281 (1997) (explaining that this court generally will
intervene at the motion to dismiss stage only when no factual disputes
exist and clear authority requires dismissal); Smith v. Eighth Judicial
SUPREME COURT
OF
NEVADA
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Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991);
Zarnarripa v. First Judicial Dist. Court, 103 Nev. 638, 640, 747 P.2d 1386,
1387 (1987). Accordingly, we
ORDER the petition DENIED.'
/ SA ,J.
Hardesty
J.
Saitta
J.
cc: Hon. Mark R. Denton, District Judge
Dickinson Wright PLLC
Goren, Goren & Harris, P.C.
Law Offices of Steven J. Parsons
Eighth District Court Clerk
"We vacate our December 31, 2015, stay in this matter.
SUPREME COURT
OF
NEVADA
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