Combined Case Information: 90665
Short Caption:	BURKE CONSTR. GP., INC. VS. DIST. CT. (SHI) (CIVIL)	Court:	Supreme Court
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A860959	Classification:	Original Proceeding - Civil - Mandamus
Disqualifications:		Case Status:	Writ Issued
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:	03/10/2026 at 2:15 PM	Oral Argument Location:	Las Vegas
Submission Date:	03/10/2026	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Petitioner	Burke Construction Group, Inc.	Susana Santana (Wood, Smith, Henning & Berman, LLP/Las Vegas) Dane William Smith (Wood, Smith, Henning & Berman, LLP/Las Vegas)
Real Party in Interest	KYL Group, Inc.	Michael R. Hall (Hall Jaffe & Clayton, LLP) Cindie D. Hernandez (Hall Jaffe & Clayton, LLP)
Real Party in Interest	Zheng Shi	Michael R. Hall (Hall Jaffe & Clayton, LLP) Cindie D. Hernandez (Hall Jaffe & Clayton, LLP)
Respondent	Tara D. Clark Newberry
Respondent	The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

+ Due Items
Due Date	Status	Due Item	Due From
06/22/2026	Overdue	Remittitur
07/01/2026	Overdue	Original Writ

Docket Entries
Date	Type	Description	Pending?	Document
05/22/2025	Filing Fee	Filing fee paid. E-Payment $250.00 from Susana Santana. (SC)
05/22/2025	Petition/Writ	Filed Petition for Writ of Mandamus. (SC)	Y	25-22838
05/22/2025	Appendix	Filed Appendix to Petition for Writ of Mandamus - Index. (SC)		25-22839
05/22/2025	Appendix	Filed Appendix to Petition for Writ of Mandamus - Volume 1 of 3. (SC)		25-22840
05/22/2025	Appendix	Filed Appendix to Petition for Writ of Mandamus - Volume 2 of 3. (SC)		25-22841
05/22/2025	Appendix	Filed Appendix to Petition for Writ of Mandamus - Volume 3 of 3. (SC)		25-22842
06/06/2025	Notice/Incoming	Filed Real Party in Interest (Shauneene St. Amand) Notice of Appearance for Elizabeth E. Coats. (Counsel Updated.) (SC)		25-25253
06/13/2025	Order/Procedural	Filed Order Directing Answer. Real parties in interest, on behalf of respondents, shall have 21 days from the date of this order to file and serve an answer, including authorities, against issuance of the requested writ. Petitioner shall have 14 days from service of the answer to file and serve any reply. (SC)		25-26321
07/03/2025	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Real parties in interest's answer to writ petition due: July 21, 2025. (SC)		25-29172
07/21/2025	Petition/Writ	Filed Real Parties in Interest Answer to Petition for Writ. (SC)		25-31830
07/21/2025	Appendix	Filed Real Parties in Interest Appendix to Answer to Writ Petition - Vol. 1. (STRICKEN PER 7/22/25 ORDER). (SC)
07/21/2025	Appendix	Filed Real Parties in Interest Index Volume to Appendix to Answer to Writ Petition. (STRICKEN PER 7/22/25 ORDER). (SC)
07/22/2025	Order/Procedural	Filed Order Striking Deficient Document. Order Striking Deficient Appendix to Petition for Writ of Mandamus. Corrected index volume and appendix due: 14 days. (SC)		25-31939
08/05/2025	Motion	Filed Real Parties in Interest Motion to Suspend NRAP 10 and Request for Judicial Notice. (SC)		25-34266
08/05/2025	Appendix	Filed Real Parties in Interest Appendix to Answer to Writ Petition - Vol. 1 (DEFICIENT - Pending Motion). (STRICKEN PER ORDER FILED ON 9/26/25) (SC)
08/05/2025	Appendix	Filed Real Parties in Interest Appendix to Answer to Writ Petition - Vol. 2. (STRICKEN PER ORDER FILED ON 9/26/25)(SC)
08/05/2025	Appendix	Filed Real Parties in Interest Index Volume to Appendix to Answer to Writ Petition. (STRICKEN PER ORDER FILED ON 9/26/25) (SC)
08/12/2025	Motion	Filed Petitioner's Opposition to Real Parties in Interest's Motion to Suspend NRAP 10 and for Judicial Notice to Cure Order Striking Certain Exhibits to Appendix. (STRICKEN PER ORDER FILED ON 8/13/25) (SC)
08/13/2025	Order/Procedural	Filed Order Striking Deficient Document. Order Striking Deficient Opposition to Motion to Suspend NRAP 10 and for Judicial Notice to Cure Order Striking Exhibits. Corrected Motion due: 7 days from the date of this order. (SC)		25-35440
08/13/2025	Motion	Filed Petitioner's Opposition to Real Parties in Interest's Motion to Suspend NRAP 10 and for Judicial Notice to Cure Order Striking Certain Exhibits to Appendix. (SC)		25-35525
08/20/2025	Motion	Filed Real Parties in Interest Reply to Response to Motion to Suspend NRAP 10 and for Judicial Notice to Cure Order Striking Certain Exhibits to Appendix. (SC)		25-36615
09/26/2025	Order/Procedural	Filed Order Denying Motion. Real parties in interest have filed a motion to suspend NRAP 10 and for judicial notice related to their submission of documents in the appendix which do not bear the file stamp of the district court. Petitioner opposes the motion. This court's review is limited to the district court record, which "consists of the papers and exhibits filed in the district court, the transcript of the proceedings, if any, the district court minutes, and the docket entries made by the district court clerk." NRAP 10(a). The requirement of a file stamp is not a mere technicality; it is the means by which this court ensures that it considers only those matters appearing in the record. To the extent the real parties in interest request judicial notice of the contents of the documents not within the district court record, that request is denied. This petition will be decided based on the district court record. The clerk shall strike the appendix filed on August 5, 2025. Real parties in interest shall have 14 days from the date of this order to file an amended appendix that contains file-stamped copies of documents made part of the district court record. Petitioner shall have 14 days from the date of this order to file a reply brief, if deemed necessary. (SC)		25-42182
09/30/2025	Motion	Filed Petitioner's Motion for Stay Discovery in District Court Pending Resolution of Petition for Writ of Mandamus. (SC)		25-42709
10/10/2025	Petition/Writ	Filed Petitioner's Reply to Answer to Petition for Writ of Mandamus. (SC)		25-44460
10/20/2025	Order/Procedural	Filed Order Granting Motion for Stay. Petitioner has filed a motion for stay of the district court proceedings in the underlying matter, pending this court's decision on its original writ petition. No response has been filed. Having considered petitioner's motion and the relevant factors, the motion for stay is granted. The district court proceedings in case no. A-22-860959-C are stayed pending further order of this court. (SC)		25-45771
02/11/2026	Order/Procedural	Filed Order Scheduling Oral Argument. Oral argument is scheduled for March 10, 2026, at 2:15 p.m., in Las Vegas. (SC)		26-07026
02/24/2026	Notice/Outgoing	Issued Oral Argument Reminder Notice. (SC)		26-08619
03/10/2026	Case Status Update	Oral argument held this day. Case submitted for decision before Panel A26. (SC)
06/01/2026	Order/Dispositional	Filed Order Granting Petition for a Writ of Mandamus. "ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its order denying the motion for summary judgment and to enter an order granting summary judgment." A26-KP/RP/LB. (SC)		26-24577
06/01/2026	Writ	Issued Writ with letter. Original and one copy of writ and copy of order mailed to Susana Santana for service upon Judge Tara D. Clerk Newberry. (SC)		26-24593