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Mueller v. Dist. Ct. (Dgmd Real Estate Invs., Llc)

Citation: Not availableDocket: 85157

Court: Nevada Supreme Court; October 11, 2022; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

Petitioners Jim Mueller, John Mueller, MACHNV, LLC, Acres Cultivation, LLC, and Curaleaf, Inc. filed an original petition for a writ of mandamus against the Eighth Judicial District Court of Clark County, specifically targeting an order from District Judge Susan Johnson that denied their motion to withdraw admissions. The Supreme Court of Nevada reviewed the petition and concluded that the petitioners failed to demonstrate that extraordinary relief was warranted. Citing prior case law, the court emphasized that the burden of proof lies with the party seeking writ relief and that such relief is considered an extraordinary remedy. As a result, the court denied the petition. Justice Parraguirre authored the decision, with participation from Senior Justice Mark Gibbons under a general order of assignment. The decision was communicated to relevant parties, including the district judge and associated legal counsel.

Legal Issues Addressed

Burden of Proof in Seeking Writ Relief

Application: The court highlighted that the responsibility to prove the necessity of a writ of mandamus lies with the petitioners and assessed whether they met this burden.

Reasoning: Citing prior case law, the court emphasized that the burden of proof lies with the party seeking writ relief and that such relief is considered an extraordinary remedy.

Denial of Petition for Writ of Mandamus

Application: The court denied the petition for a writ of mandamus as the petitioners did not satisfy the requirements for proving the need for extraordinary relief.

Reasoning: As a result, the court denied the petition.

Writ of Mandamus as an Extraordinary Remedy

Application: The court considered the petition for writ of mandamus and emphasized that such relief is extraordinary and requires the petitioner to meet a high burden of proof to justify its issuance.

Reasoning: The Supreme Court of Nevada reviewed the petition and concluded that the petitioners failed to demonstrate that extraordinary relief was warranted.