Archon Corp. v. Dist. Ct. (Raider)

IN THE SUPREME COURT OF THE STATE OF NEVADA

ARCHON CORPORATION; PAUL W. No. 68995 LOWDEN; AND SUZANNE LOWDEN, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE MAR 1 8 2016 MARK R. DENTON, DISTRICT JUDGE, TRACIE K. LINDEMAN CLERer PREME COURT Respondents, BY and DEPUTY CLERK

DAN RAIDER, AN INDIVIDUAL ON HIS OWN BEHALF AND ON BEHALF OF OTHERS SIMILARLY SITUATED, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS, PROHIBITION, OR CERTIORARI This original petition for a writ of mandamus, prohibition, or certiorari challenges a district court order denying a motion to dismiss in a contract action. Having considered the petition, answer, reply and supporting documents, we conclude that our extraordinary intervention is not warranted at this stage of the proceedings, when the district court has yet to definitively rule upon the jurisdiction, limitations, repose, and tolling issues. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344- 45, 950 P.2d 280, 281 (1997) (explaining that this court generally will intervene at the motion to dismiss stage only when no factual disputes exist and clear authority requires dismissal); Smith v. Eighth Judicial

SUPREME COURT OF NEVADA

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Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991); Zarnarripa v. First Judicial Dist. Court, 103 Nev. 638, 640, 747 P.2d 1386, 1387 (1987). Accordingly, we ORDER the petition DENIED.'

/ SA ,J. Hardesty

J. Saitta

J.

cc: Hon. Mark R. Denton, District Judge Dickinson Wright PLLC Goren, Goren & Harris, P.C. Law Offices of Steven J. Parsons Eighth District Court Clerk

"We vacate our December 31, 2015, stay in this matter.

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