NEVADA YELLOW CAB CORPORATION v. Christopher Thomas; and Christopher Craig, Real Parties in Interest. (2018)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging a district court order striking certain affirmative defenses in a constitutional minimum wage matter. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

“A writ of mandamus is available to compel the performance of an act that the law requires ․ or to control an arbitrary or capricious exercise of discretion.” Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); NRS 34.160. A writ of mandamus will not issue, however, if the petitioners have a plain, speedy, and adequate remedy at law. See NRS 34.170. Whether to consider a writ of mandamus is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioners bear the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having reviewed the petition and accompanying documents, we conclude that our intervention by way of extraordinary relief is not warranted. We therefore

ORDER the petition DENIED.