in Re Elizabeth Tu Hoffman, Executor of the Estate of H. Rowe Hoffman v. Holland, 346 U.S. 379, 383 1953 "[I]t is established that the extraordinary writs…

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

IN RE ELIZABETH TU HOFFMAN,
EXECUTOR OF THE ESTATE OF H. ROWE
HOFFMAN,
Petitioner.

Miscellaneous Docket No. 979

On Petition for a Writ of Mandamus to the United
States District Court for the Western District of Washing-
ton, Case No. 06-CV-5367, Judge Benjamin H. Settle.
ON PETITION

Before GAJARSA, MAYER, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

ORDER

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

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orders. See Bankers Life & Cas. Co. v. Holland, 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 Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980).

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 IS ORDERED THAT:
The petition is denied.

FOR THE COURT

MAY 2 7 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Arthur H. Schlemmer, Esq.
Paul Thomas Meiklejohn, Esq.
s24

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 2 7 2011

JAN HORBALY
CLERK