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ROBERT R. PETERS, DO; LEONARDO BUNUEL-JORDANA, DO; JOSHUA E. JEWEL, M.D.; RENOWN HEALTH, A DOMESTIC NONPROFIT CORPORATION; RENOWN REGIONAL MEDICAL CENTER, A DOMESTIC NONPROFIT CORPORATION; AND HOMETOWN HEALTH PLAN, INC., A DOMESTIC NONPROFIT CORPORATION, Petitioners, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE SCOTT N. FREEMAN, DISTRICT JUDGE, Respondents, VICKIE RHEA RICHARDSON, AN INDIVIDUAL; HOMER DALE RICHARDSON, AN INDIVIDUAL; ERIK DE JONGHE, M.D., M.P.H., AN INDIVIDUAL; CARRIE E. BUEHLER, M.D., AN INDIVIDUAL; DIGESTIVE HEALTH ASSOCIATES, A GENERAL PARTNERSHIP; MEDNAX SERVICES, INC., A FOREIGN CORPORATION; MEDNAX, INC., A FOREIGN CORPORATION; AND PICKERT MEDICAL GROUP, P.C., A DOMESTIC PROFESSIONAL CORPORATION D/B/A ASSOCIATED ANESTHESIOLOGISTS, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment in a professional negligence action.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary intervention is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to grant relief). Subject to very few exceptions, we generally decline to exercise our discretion to entertain writ petitions that challenge district court orders denying summary judgment. Smith v. Eighth Jud. Dist. Ct., 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). We decline to deviate from that rule here, particularly because petitioners have a plain, speedy, and adequate legal remedy that precludes writ relief. NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at 841 (providing that an appeal is an adequate legal remedy precluding writ relief); cf. Hansen v. Eighth Jud. Dist. Ct., 116 Nev. 650, 658, 6 P.3d 982, 986-87 (2000) (recognizing, albeit in the context of a request for a stay , that the prospect of incurring litigation expenses does not rise to the level of warranting this court's intervention). See also Moore v. Eighth Jud. Dist. Ct., 96 Nev. 415, 417, 610 P.2d 188. 189 (1980) (observing that writ relief is generally not warranted when granting the requested relief will not resolve the entire controversy). Accordingly, we
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 88518
Decided: April 29, 2024
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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