AMERICANA v. Toni Bonifatto; Joseph Bonifatto; and Peter Bonifatto, Real Parties in Interest. (2020)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original petition for a writ of mandamus, petitioner seeks a writ directing the district court to vacate its denial of petitioner’s motion to dismiss real parties in interests’ breach of contract claims against it.

Problematically, petitioner has not provided this court with the district court order that it is challenging in the instant petition. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents “essential to understand the matters set forth in the petition”). Therefore, without deciding the merits of the claims raised, and without prejudice, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).

We reiterate that “[p]etitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.” Pan v. Eighth Judicial Dist. Court, 120 Nev, 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we

ORDER the petition DENIED.