MORNEAULT RPH v. 31 2007 (2021)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original petition for a writ of mandamus challenged a district court order denying a motion to dismiss claims in a wrongful death action.

Petitioner seeks to “join” a writ petition filed by a codefendant below, Minh Nguyen, in a previously-filed matter, see Docket No. 83580, and “incorporate” the facts, issues presented, and arguments made in said petition. Problematically, the relief petitioner seeks is the district court's granting of his motion to dismiss the claims against him, which is not the same relief sought by Nguyen in Docket No. 83580, wherein Nguyen seeks a district court order granting his motion to dismiss filed below and the dismissal of the claims against him, not the claims against petitioner. We therefore decline to “join” petitioner's writ petition to Nguyen's writ petition in Docket No. 83580.

Further, this court's rules generally do not allow a party to endorse or incorporate by reference an issue raised in briefs filed in another case, cf. NRAP 28(e), and petitions for extraordinary relief are required to state the relief sought, issues presented, the facts necessary to understand the issues presented, and the reasons why the writ should issue, including points and legal authorities, see NRAP 21(a)(3). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter, see NRAP 21(b); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (“Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.”). Accordingly, we

ORDER the petition DENIED.