In Re Hoffman

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit IN RE ELIZABETH TU HOFFMAN, EXECUTOR OF THE ESTATE OF H. ROWE HOFFMAN, Petiti0ner. Miscellaneous Docket No. 979 On Petition for a Writ of Mandan1us to the United States District Court for the Western District of Washing- ton, Case No. 06-CV-5367, Judge Benjamin H. Settle. 0N PETITION Before GAJARsA, MAYER, and PRosT, Circuiz Judges. GAJARSA, Circuit Judge. 0 R D E R Elizabeth Tu Hoffman, the executor of the estate of defendant H. RoWe Hoffman, petitions for a writ manda- mus to direct the United States District Court for the Western District of Washington to vacate its March 3, 2011 order denying her motion to dismiss and/or transfer due to lack of personal jurisdiction. A party must ordinarily wait until final judgment has issued before seeking appellate review of interlocutory IN RE HOFFMAN 2 orders. See Bcmkers Life & C'as. Co. v. Hollcmd, 346 U.S. 379, 383 (1953) (“[I]t is established that the extraordinary writs cannot be used as substitutes for appeals . . . even though hardship may result from delay and perhaps unnecessary trial.") A party who seeks a writ bears the burden of proving that it has no other means of attaining the relief desired, Mallard v. U.S. Dist. Court for the Southern Dist. of Iowa, 490 U.S. 296, 309 (1989), and that the right to issuance of the writ is "clear and undisputa- ble." Allied C'hem,. Corp. v. Dczif10n, Inc., 449 U.S. 33, 35 (198O). Because the petitioner has not shown that review on appeal after final judgment is not an adequate means of obtaining review of the district court's rulings in this case, we deny this petition. Accordingly, .. IT ls ORDERE1) THAT: The petition is denied FOR THE COURT 2 -l /s/ Jan Horbaly Date J an Horbaly Clerk cc: Arthur H. Schlemmer, Esq. Paul Thomas Meiklejohn Esq. F"-Eo ’ U.S. COURT 0F APPEALS FOR S24 THE FEDERAL ClRCUlT MAY 27 2011 1ANnoRa4u.Y clean