FLIP TAG LLC v. Gerardo Rodriguez, Real Party in Interest. (2019)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a July 9, 2019, district court “minute order” overruling petitioner's objections to a discovery commissioner's report and recommendation.

Having reviewed the petition and supporting documents, we conclude that our extraordinary intervention is not warranted at this time. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (providing that petitioner bears the burden of demonstrating that extraordinary relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (explaining that it is within this court's sole discretion to determine if a writ petition will be considered); NRAP 21(b)(1). Petitioner has not provided a written, file-stamped district court order, which precludes our review. See Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004); Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (providing that a minute order is not effective for any purpose). Accordingly, we deny this writ petition without prejudice to petitioner's ability to file a new petition challenging a written, file-stamped order, if deemed appropriate.

It is so ORDERED.¹

FOOTNOTES

1.   The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.