burden of establishing that relief is warranted. Pan v. Eighth Judicial
Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Petitioners argue that the district court was compelled to
grant their motion for dismissal on the ground of real party in interest's
noncompliance with the mandatory early case conference meeting and
report under NRCP 16.1. Petitioners further argue that the district court
abused its discretion in failing to consider the factors set out in Arnold ix
Kip, 123 Nev. 410,168 P.3d 1050 (2007), in ruling on their motion.
Here, the district court explicitly found that extraordinary
circumstances existed to compel the extension of the NRCP 16.1 deadlines.
See NRCP 16.1(b) (providing that dismissal is not appropriate where
extraordinary circumstances warrant extending the applicable deadline).
In finding that extraordinary circumstances warranted extending the
deadlines for conducting and reporting on an early case conference, we
conclude that the district court satisfied Arnold's requirement of
considering factors related to the purpose of the rule. See Arnold, 123
Nev. at 415-16, 168 P.3d at 1053 (providing a nonexhaustive list of
factors); Dornbach v. Tenth Judicial Dist. Ct., 130 Nev. , 324 P.3d
369, 373 (2014) (recognizing that a district court can properly exercise its
discretion in ruling on an NRCP 16.1(e) motion even if it does not
expressly enumerate the Arnold factors). Further, the district court noted
the basic policy of deciding cases on their merits, which this court
recognizes as a guide to the proper exercise of discretion. Dornbach, 130
Nev. at , 324 P.3d at 373.
As the district court entered findings in support of its order
denying petitioners' motion to dismiss and ruled in accordance with the
purpose of the rule and the general policy favoring adjudication on the
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merits, we conclude that the district court did not exercise its discretion
arbitrarily or capriciously and that petitioners have not demonstrated that
extraordinary relief is warranted. See NRAP 21(b)(1); Dornbach, 130 Nev.
at , 324 P.3d at 374; Pan, 120 Nev. at 228, 88 P.3d at 844. Accordingly,
we
ORDER the petition DENIED.
/
Hardesty
Cherry
cc: Hon. Jerry A. Wiese, District Judge
Mandelbaum, Ellerton & McBride
E. Brent Bryson
Eighth District Court Clerk
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