United States Bowling Cong. v. Dist. Ct. (Calhoon)

IN THE SUPREME COURT OF THE STATE OF NEVADA

UNITED STATES BOWLING No. 72688 CONGRESS, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOANNA KISHNER, DISTRICT JUDGE, Respondents, and WILLIAM CALHOON; AND CHRISTINA CALHOON, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying summary judgment in a tort action. Petitioner United States Bowling Congress (USBC) asserts that the district court committed clear legal error in concluding that USBC has not demonstrated that it is entitled to immunity from tort liability as a statutory employer under the Nevada Industrial Insurance Act (NIIA), NRS Chapters 616A-616D. Having considered the petition and supporting documents, we are not convinced that our intervention by extraordinary writ is warranted at this time. NRS 34.160; Anse, Inc. v. Eighth Judicial Dist. Court, 124 Nev. 862, 867, 192 P.3d 738, 742 (2008) (recognizing that this court generally will not exercise its discretion to entertain a writ petition challenging the denial' of summary judgment, unless summary judgment is clearly required by statute or rule or an important legal issue requires

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clarification); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that petitioner bears the burden of demonstrating that writ relief is warranted). Accordingly, we ORDER the petition DENIED.

J. Douglas

(t.e2m0

Pickering

cc: Hon. Joanna Kishner, District Judge Olson, Cannon, Gormley, Angulo & Stoberski Palmer Litigation Group, PLLC Eighth District Court Clerk

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