Reynolds v. Nat'l Default Servicing Corp.

IN THE SUPREME COURT OF THE STATE OF NEVADA

KATHRYN REYNOLDS; AND NORMAN No. 70581 GARAND, Petitioners, vs. NATIONAL DEFAULT SERVICING CORPORATION, AN ARIZONA FILED CORPORATION AUTHORIZED TO DO JUL 1 3 2016 BUSINESS IN NEVADA; GREGORY TRACE K. LINDEMAN WILDE, A NEVADA ATTORNEY; AND CLERK OF UPREME COURT

CINDY LEE STOCK, A NEVADA BY 6- DEPUTY CLER

ATTORNEY, Respondents.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original pro se petition for a writ of mandamus or prohibition seeks, among other things, an order directing the United States District Court for the District of Nevada to grant petitioners' motion to remand. Having considered the petition and the supporting documents, we are not persuaded that our intervention is appropriate, as this court lacks the authority, to order the federal district court to take or refrain from taking the requested actions. See 28 U.S.C. § 1446(d) (2012); Laguna Viii. Inc. v. Laborers Int'l Union of N. Am., 672 P.2d 882, 885 (Cal. 1983) (recognizing that "the federal removal statute. . . expressly prohibit[s] any proceeding in state court after removal and prior to remand"); see also Mineral Cty. v. State, Dep't of Conservation & Nat. Res., 117 Nev. 235, 242-43, 20 P.3d 800, 805 (2001) (observing that a writ of mandamus is available only to compel the performance of an act by an "inferior" state tribunal, corporation, board, or person); Gojack v. Second Judicial Dist. SUPREME COURT OF NEVADA

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Court, 95 Nev. 443, 444, 596 P.2d 237, 238 (1979) (same with respect to a writ of prohibition); cf. Atlantic Coast Line R.R. Co. v. Bhd. of Locomotive Eng'rs, 398 U.S. 281, 286 (1970) ("[W]e have had in this country two essentially separate legal systems. Each system proceeds independently from the other . . . . [T]his dual system could not function if state and federal courts were free to fight each other for control of a particular case."). We therefore ORDER the petition DENIED.'

Gibbons

cc: Kathryn Reynolds Norman Garand Thorndal Armstrong Delk Balkenbush & Eisinger/Reno Tiffany & Bosco, P.A.

'In light of our disposition of this writ petition, petitioners' July 1, 2016, motion is denied as moot.

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