in Re National Oilwell Varco, L.p v. U.S. Dist. Court for the Southern Dist. of Iowa, 490 U.S. 296, 309, 1989

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

IN RE NATIONAL OILWELL VARCO, L.P.,
Petitioner.

Miscellaneous Docket No. 994

On Petition for Writ of Mandamus to the United
States District Court for the Southern District of Texas in
case no. 06-CV-170, Judge Lynn N. Hughes.

ON PETITION

Before LOURIE, BRYSON, and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

ORDER

National Oilwell Varco, L.P. (NOV) seeks a writ of
mandamus directing the United States District Court for
the Southern District of Texas to allow "basic discovery."
Hydril Co., L.P. opposes. NOV replies.

The remedy of mandamus is available only in ex-
traordinary situations to correct a clear abuse of discre-

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tion or usurpation of judicial power. In re Calmar, Inc.,
854 F.2d 461, 464 (Fed. Cir. 1988). A party seeking 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
indisputable," Allied Chem. Corp. v. Daiflon, Inc., 449
U.S. 33, 35 (1980). A court may deny mandamus relief
"even though on normal appeal, a court might find re-
versible error." In re Cordis Corp., 769 F.2d 733, 737 (Fed.
Cir. 1985).

In the papers submitted, NOV has not shown why it
cannot raise any challenge to the district court's discovery
determinations on appeal from a final judgment. Al-
though NOV argues that it will be unable to present a
proper record on appeal without this court's intervention
now and that it wishes to "avoid piece by piece" appeal,
that argument is generally insufficient to warrant man-
damus relief. See Bankers Life & Cas. Co. v. Holland, 346
U.S. 379, 383, (1953) ("[I]t is established that the extraor-
dinary writs cannot be used as substitutes for appeals ...
even though hardship may result from delay and perhaps
unnecessary trial"). NOV will still be able to argue about
the propriety of the district court's discovery determina-
tions on appeal. Because NOV has failed to meet its
burden of establishing the extraordinary circumstances
necessary to grant mandamus relief, we deny the petition.

Accordingly,
IT IS ORDERED THAT:

The petition for writ of mandamus is denied.

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FOR THE COURT

SEP 0 2 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Robert M. Bowick, Esq.
R. Paul Yetter, Esq.
Clerk, United States District Court for the Southern
District of Texas

s24

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 02 2011

JAN HORBALY
CLERK