Nuvasive, Inc. v. Dist. Ct. (Wilson)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NUVASIVE, INC., No. 73860 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOSEPH HARDY, JR., DISTRICT JUDGE, FILED Respondents, OCT 1 3 2017 and ELIZABETH A. BROWN HO KYONG WILSON, INDIVIDUALLY, CLERK OF SUPREME COURT

Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying without prejudice petitioner's motion to dismiss an amended complaint in a tort action.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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); see Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (observing that this court generally will not consider writ petitions challenging orders denying motions to dismiss). In particular, we are not persuaded that an appeal

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from a final judgment is an inadequate remedy. See Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

J.

Hardesty

, J.

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.At1/44L—C J. Stiglich

cc: Hon. Joseph Hardy, Jr., District Judge Rice Reuther Sullivan & Carroll, LLP Bradley. Arant Boult Cummings, LLP/Tampa Brenske & Andreevski Eighth District Court Clerk

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