IN THE SUPREME COURT OF THE STATE OF NEVADA
ANTHONY FRISCO; AND CUTHBERT No. 69144
E.A. MACK,
Petitioners,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, FILED
IN AND FOR THE COUNTY OF CLARK;
AND THE HONORABLE RONALD J. MAR 1 8 2016
ISRAEL, DISTRICT JUDGE, TRADE K. UNDEMAN
CLERK OF SUPREME COURT
Respondents, BY 4
1 EPUTY CLERK
1"-
and
RUSSELL JACOBY; CAMELIA JACOBY;
AND DESERT LAND INVESTMENT
COMPANY, LLC,
Real Parties in Interest.
ORDER GRANTING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging
a district court order imposing sanctions on petitioners Anthony Frisco
and Cuthbert E.A. Mack.' Real parties in interest have filed an answer,
and petitioners have filed a reply.
In the underlying case, real parties in interest sought
sanctions against petitioners for prematurely serving a subpoena,
improperly obtaining real parties in interest's bank account numbers, and
using those account numbers in a subsequent subpoena. The district court
granted the motion and imposed monetary sanctions on petitioners.
1We deny petitioners' alternative request for a writ of prohibition
because the district court did not act in excess of its jurisdiction. NRS
34.320.
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NRCP 11 requires parties seeking sanctions to follow very
specific procedures. In particular, NRCP 11(c)(1)(A) requires the movant
to allow the opposing party 21 days to withdraw or correct the violation
before filing a motion for sanctions. There is no evidence here that real
parties in interest afforded petitioners 21 days to correct the specified
errors. Thus, the sanctions were not properly granted under NRCP 11.
Regardless, the specific conduct sanctioned does not appear to
warrant sanctions. In particular, monetary sanctions do not appear to be
warranted against a party who, while pro se, failed to comply with NRCP
62(a) by not serving a notice of entry of judgment and waiting the required
ten days before serving a subpoena to execute on the judgment, especially
where the subject bank did not respond to the subpoena. And real parties
in interest did not present any evidence that Mack knew or should have
known that bank account numbers were improperly obtained before his
serving the subpoena. Accordingly, we
ORDER the petition GRANTED AND DIRECT THE CLERK
OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the
district court to vacate its July 16, 2015, "Order Regarding Rule 11
Violation."
A a-t SAin
J.
cc: Hon. Ronald J. Israel, District Judge
Cuthbert E.A. Mack
Benjamin B. Childs
Eighth District Court Clerk
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