Martinez v. Dist. Ct. (Kennedy)

• Court: Nevada Supreme Court
• Decided: March 14, 2022
• Docket: 84265
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GABRIEL L. MARTINEZ; AND No. 84265 UNIVERSAL PROTECTION SERVICES, LLC, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MAR 1 4 2022 JOSEPH HARDY, JR., DISTRICT ELIZABETH A. BROWN CLERK OF SUPREME MUM' JUDGE, BY 5 NI Respondents, DEPUIY CLERK

and DOUGLAS J. KENNEDY, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order allowing the audio-recording of an NRCP 35 neuropsychological examination and an order declining to extend discovery deadlines. Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, this matter presents unique factual circumstances and thus does not fit within any exception to our general policy against considering writ petitions challenging discovery decisions, see Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court,

SUPREME Courn OF NEVADA

AA- 071g I 128 Nev. 224, 228, 276 P.3d 246, 249 (2012), and we are not persuaded that an appeal from the final judgment is an inadequate legal remedy, see Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.'

Silver o

J. Cadish

Pickering oe. cur P J.

cc: Hon. Joseph Hardy, Jr., District Judge Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Cogburn Law Offices Eighth District Court Clerk

'In light of this order, petitioners emergency motion for stay is denied as moot. SUPREME COUFiT Of NEVADA 2 1 0) I947A