LEONARD PATRICK OWENS AND APCO EQUIPMENT CORPORATION v. MACIE RIFLEY (2024)

ORDER DENYING PETITION

This original petition for a writ of mandamus challenges the district court's discovery order permitting the audio recording of neuropsychological examinations and the disclosure of testing materials.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. D.R. Horton, Inc. v. Eighth Judicial Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Based on our review of the petition, we decline to exercise original jurisdiction in this matter. NRS 34.160. Accordingly, we

ORDER the petition DENIED.¹

Cadish, C.J.

Stiglich, J.

Herndon, J.

Parraguirre, J.

Pickering, J.

Lee, J.

Bell, J.

FOOTNOTES

1.   Accordingly, respondent's motion to dismiss the petition is moot.