Wichmann v. Dist. Ct. (Scalzitti)

Nevada Supreme Court

Wichmann v. Dist. Ct. (Scalzitti)

DecidedMarch 15, 2018

Docket74647

StatusUnpublished

This text of Wichmann v. Dist. Ct. (Scalzitti) (Wichmann v. Dist. Ct. (Scalzitti)) 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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Wichmann v. Dist. Ct. (Scalzitti), (Neb. 2018).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TINA LOUISE WICHMANN, No. 74647 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE ERIC MAR 1 5 2018c JOHNSON, DISTRICT JUDGE, Respondents, and aviLdr- DEPUTY CLERK

JOHN SCALZITTI; AND DEBRA BANKS-SCALZITTI, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order striking an NRCP 35 medical examination report and the physician's testimony related to that report, but allowing presentation of a medical report that the same physician prepared based on a review of medical records and expert testimony regarding opinions formed therefrom. Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not 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). In particular, this matter does not fit within any exception to the general policy against considering writ petitions challenging discovery decisions, see Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 13 .3d 246, 249 (2012), and we SUPREME COURT OF NEVADA P 35-1 (0) I947A .7gig(0 are not persuaded that an appeal from a final judgment is an inadequate legal remedy, see Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Parraguirre

A4A..5G4-0 Stiglich

cc: Hon. Eric Johnson, District Judge McCormick, Barstow, Sheppard, Wayte & Carruth, LLP/Las Vegas Law Offices of James J. Ream Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A )414). . 11F

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IN THE SUPREME COURT OF THE STATE OF NEVADA

TINA LOUISE WICHMANN, No. 74647 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE ERIC MAR 1 5 2018c JOHNSON, DISTRICT JUDGE, Respondents, and aviLdr- DEPUTY CLERK

JOHN SCALZITTI; AND DEBRA BANKS-SCALZITTI, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order striking an NRCP 35 medical examination report and the physician's testimony related to that report, but allowing presentation of a medical report that the same physician prepared based on a review of medical records and expert testimony regarding opinions formed therefrom. Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not 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). In particular, this matter does not fit within any exception to the general policy against considering writ petitions challenging discovery decisions, see Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 13 .3d 246, 249 (2012), and we SUPREME COURT OF NEVADA P 35-1 (0) I947A .7gig(0 are not persuaded that an appeal from a final judgment is an inadequate legal remedy, see Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Parraguirre

A4A..5G4-0 Stiglich

cc: Hon. Eric Johnson, District Judge McCormick, Barstow, Sheppard, Wayte & Carruth, LLP/Las Vegas Law Offices of James J. Ream Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A )414). . 11F

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