Parraguirre
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging a district court order imposing sanctions.
Petitioner owns a pool where real party in interest Charles Olds slipped and fell, breaking his hip. Olds and his wife filed a complaint, alleging negligence, negligence per se, and loss of consortium. Petitioner's answer was stricken by the district court, consistent with the discovery commissioner's findings, as a sanction for petitioner allegedly destroying evidence by recoating the pool deck where Olds slipped and fell and failing to notify Olds and his wife of this information. Petitioner argues that writ relief is warranted because the district court abused its discretion.
Having considered the petition, we are not persuaded that our extraordinary intervention is warranted at this time. See NRS 34.160; see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioners carry the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry cc: Hon. Douglas Smith, District Judge
Marquis Aurbach Coffing
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
Law Office of Daniel Marks
Eighth District Court Clerk