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NATALIA FYODOROVNA PAVLOVA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VERONICA BARISICH, DISTRICT JUDGE, Respondents, SONIA CETINA, AN INDIVIDUAL; DOE INDIVIDUALS I THROUGH X, INCLUSIVE; AND ROE BUSINESS ENTITIES I THROUGH X, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This emergency petition for a writ of mandamus or prohibition seeks to compel the district court to rule on a motion to voluntarily dismiss and confirm that no settlement was reached, or to prohibit enforcement of settlement terms that petitioner did not agree to. Petitioner also seeks an emergency stay of the district court proceedings pending our consideration of this writ petition.
Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that the appellate courts have sole discretion in determining whether to entertain a writ petition). Petitioner inappropriately seeks relief from this court on matters that the district court has not yet ruled on. To the extent she seeks to compel the district court to rule sooner, she has not demonstrated undue delay, and writ relief generally is not available to tell the district court how to manage its docket. See Dornbach v. Tenth Jud. Dist. Ct., 130 Nev. 305, 312, 324 P.3d 369, 373-74 (2014) (recognizing that “allowing district courts to manage the cases before them” “promotes the efficient prosecution of cases”); Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (“Mandamus will not lie to control discretionary action, unless discretion is manifestly abused or is exercised arbitrarily or capriciously.” (internal citations omitted)). Further, writ relief is available only when there is no plain, adequate, and speedy legal remedy, Pan, 120 Nev. at 224, 88 P.3d at 841; NRS 34.170; NRS 34.330, and here, petitioner may appeal from any final judgment by which she is aggrieved. Accordingly, writ relief is not available in this instance, and we
ORDER the petition DENIED.1
Bulla, C.J.
Gibbons, J.
Westbrook, J.
FOOTNOTES
1. In light of this decision, petitioner's motion for stay is denied as moot.
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Docket No: No. 90495-COA
Decided: April 29, 2025
Court: Court of Appeals of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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