Schuchmacher v. Dist. Ct. (Barton)

IN THE SUPREME COURT OF THE STATE OF NEVADA

SHAIA SCHUCHMACHER; AND No. 83974 BEVERLY SCHUCHMACHER, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CARLI LYNN KIERNY, DISTRICT JUDGE, Respondents, and ALANA BARTON, BOTH INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF YVONNE SUGGS; ALANA BARTON; BH BARTON; AND ALEXANDER MENDIA, Real Parties in Interest.

ORDER DENYING PETITION

This original petition for a writ of mandamus challenges a district court order denying summary judgment and declining to strike an expert witness in a torts 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 Di.st. 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). We generally decline to exercise our discretion to grant writ petitions challenging orders resolving motions for

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summary judgment, and we are not convinced any of the exceptions apply in this case. See Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344- 45, 950 P.2d 280, 281 (1997) (discussing the exceptions to the general rule). Similarly, we are not convinced that any of the exceptions to the general rule against considering writ petitions challenging discovery orders apply. See Club Vista Fin. Servs., L.L.C. v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012) (providing that writ relief may be warranted if a discovery order constitutes a "blanket discovery ordee or "requires disclosure of privileged information"). We therefore, ORDER the petition DENIED.'

Parraguirre

/ A6..t ve-Q_4-tin , J. Sr.J. Hardesty

cc: Hon. Carli Lynn Kierny, District Judge Resnick & Louis, P.C./Las Vegas Kring & Chung, LLP/Las Vegas The Law Offices of Laura Payne, Esq. Eighth District Court Clerk

"The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPRESAE COURT OF NEVAOA 2 10 1947A ma*.