Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich)

Nevada Supreme Court

Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich)

DecidedOctober 23, 2019

Docket79072

StatusPublished

This text of Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich) (Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich), (Neb. 2019).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

NANYAH VEGAS, LLC, A NEVADA No. 79072 LIMITED LIABILITY COMPANY, Petitioner, VS.

THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NANCY L. ALLF, DISTRICT JUDGE, Respondents, and FILED SIG ROGICH, A/K/A SIGMUND OCT 2 3 2019 ROGICH, AS TRUSTEE OF THE ELIZABETH A. BROWN CLERK • S PREAE COURT ROGICH FAMILY IRREVOCABLE BY TRUST; ELDORADO HILLS, LLC, A NEVADA LIMITED LIABILITY COMPANY; TELD, LLC, A NEVADA LIMITED LIABILITY COMPANY; PETER ELIADES, INDIVIDUALLY AND AS TRUSTEE OF THE ELIADES SURVIVOR TRUST OF 10/30/08; AND IMITATIONS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Parties in Interest.

ORDER DISMISSING PETITION

This is a petition for a writ of mandamus or prohibition directing the district court to vacate its order dismissing real parties in interest Sig Rogich, as trustee of the Rogich family irrevocable trust, and Imitations, LLC (the Rogich defendants) from the ongoing action pursuant to NRS 163.120. The Rogich defendants have filed an emergency motion to dismiss the petition, asserting that during the pendency of this matter, on SUPREME COURT OF October 1, 2019, the district court entered an order granting the Rogich NEVADA

0..)) 1947A .240. defendants' "Motion for Summary Judgment or Alternatively for Judgment as a Matter of Law Pursuant to NRCP 50(a)" and a "Motion for Dismissal with Prejudice Under Rule 41(e) filed by defendant, Eldorado Hills, LLC. Accordingly, the Rogich defendants argue, petitioner now has a plain, speedy and adequate remedy at law by virtue of an appeal of the October 1, 2019, order. See NRS §§ 34.170, 34.330; Pan v. Eighth Judicial Dist. Court ex rel. Cty. of Clark, 120 Nev. 222, 223, 88 P.3d 840, 841 (2004) (`this court has recognized that an appeal is generally an adequate legal remedy that precludes writ relief."). No opposition or response has been filed. Having considered the motion, the district court's order, and petitioner's decision not to respond to or oppose the motion, this court ORDERS this petition DISMISSED.

Ade. ' tr J. Pic

Parraguirre 4

, J. Cadish

cc: Hon. Nancy L. Allf, District Judge Simons Hall Johnston PC/Reno Fennemore Craig, P.C./Las Vegas Bailey Kennedy Eighth District Court Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

NANYAH VEGAS, LLC, A NEVADA No. 79072 LIMITED LIABILITY COMPANY, Petitioner, VS.

THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NANCY L. ALLF, DISTRICT JUDGE, Respondents, and FILED SIG ROGICH, A/K/A SIGMUND OCT 2 3 2019 ROGICH, AS TRUSTEE OF THE ELIZABETH A. BROWN CLERK • S PREAE COURT ROGICH FAMILY IRREVOCABLE BY TRUST; ELDORADO HILLS, LLC, A NEVADA LIMITED LIABILITY COMPANY; TELD, LLC, A NEVADA LIMITED LIABILITY COMPANY; PETER ELIADES, INDIVIDUALLY AND AS TRUSTEE OF THE ELIADES SURVIVOR TRUST OF 10/30/08; AND IMITATIONS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Parties in Interest.

ORDER DISMISSING PETITION

This is a petition for a writ of mandamus or prohibition directing the district court to vacate its order dismissing real parties in interest Sig Rogich, as trustee of the Rogich family irrevocable trust, and Imitations, LLC (the Rogich defendants) from the ongoing action pursuant to NRS 163.120. The Rogich defendants have filed an emergency motion to dismiss the petition, asserting that during the pendency of this matter, on SUPREME COURT OF October 1, 2019, the district court entered an order granting the Rogich NEVADA

0..)) 1947A .240. defendants' "Motion for Summary Judgment or Alternatively for Judgment as a Matter of Law Pursuant to NRCP 50(a)" and a "Motion for Dismissal with Prejudice Under Rule 41(e) filed by defendant, Eldorado Hills, LLC. Accordingly, the Rogich defendants argue, petitioner now has a plain, speedy and adequate remedy at law by virtue of an appeal of the October 1, 2019, order. See NRS §§ 34.170, 34.330; Pan v. Eighth Judicial Dist. Court ex rel. Cty. of Clark, 120 Nev. 222, 223, 88 P.3d 840, 841 (2004) (`this court has recognized that an appeal is generally an adequate legal remedy that precludes writ relief."). No opposition or response has been filed. Having considered the motion, the district court's order, and petitioner's decision not to respond to or oppose the motion, this court ORDERS this petition DISMISSED.

Ade. ' tr J. Pic

Parraguirre 4

, J. Cadish

cc: Hon. Nancy L. Allf, District Judge Simons Hall Johnston PC/Reno Fennemore Craig, P.C./Las Vegas Bailey Kennedy Eighth District Court Clerk

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Nanyah Vegas, Llc Vs. Dist. Ct. (Rogich), Counsel Stack Legal Research, https://law.counselstack.com/opinion/nanyah-vegas-llc-vs-dist-ct-rogich-nev-2019.

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