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BRANDY QUEEN APPAREL ULC; BRANDY YORKDALE APPAREL ULC; BRANDY STE. CATHERINE APPAREL ULC; BRANDY NEWMARKET APPAREL ULC; BRANDY RIDEAU APPAREL ULC; BRANDY SQUARE ONE APPAREL ULC; BRANDY CALGARY APPAREL ULC; BRANDY EDMONTON APPAREL ULC; BRANDY GRANVILLE APPAREL ULC; PAOLO SIMEONE; AND FRANCO SORGI, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND DEPARTMENT 29 OF THE EIGHTH JUDICIAL DISTRICT COURT, Respondents, BASTIAT USA INC., Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges district court orders granting a motion to dismiss in part, denying requests for leave to amend, and denying reconsideration of those decisions in a breach of contract action. Having considered the petition and its supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, petitioners have an adequate remedy at law because they can raise the arguments presented in their petition in an appeal from the final judgment in the underlying matter. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 681, 476 P.3d 1194, 1197 (2020) (recognizing that the availability of a later appeal generally precludes writ relief). We therefore
ORDER the petition DENIED.
Stiglich, C.J.
Lee, J.
Bell, J.
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Docket No: No. 85396
Decided: February 16, 2023
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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