ROSIAK v. Richard J. Rosiak, Real Party in Interest. (2021)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus and/or prohibition seeks a writ compelling the district court to (1) add a revocable trust and trustees as indispensable parties; (2) issue an award of attorney fees, prior to trial, comparable to the fees paid by real party in interest to his counsel; and (3) continue the trial and reopen discovery so that trust assets may be properly traced. Petitioner also filed an emergency motion seeking to stay proceedings in the district court.

We have reviewed the documents submitted in this matter and, without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. NRS 34.160; NRS 34.330; See Pan v. Eighth Judicial Dist. Court, 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 Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, without deciding upon the merits of any claims raised, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of our decision, we deny petitioner's emergency motion for stay of the district court proceedings.