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ANDREW SHEEP, M.D.; AND FREMONT EMERGENCY SERVICES (MANDAVIA), LTD., A/K/A FREMONT EMERGENCY SERVICES (SCHEER), LTD., Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CRYSTAL ELLER, DISTRICT JUDGE, Respondents, SHAWN CHARLES, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus challenging a district court order denying a motion to dismiss a claim for punitive damages in a medical malpractice action. Having reviewed the petition, we are not convinced that our extraordinary and discretionary intervention is warranted. See NRS 34.170; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (providing that writ relief is proper only when there is not a plain, speedy, and adequate remedy at law and that the petitioner bears the burden to demonstrate extraordinary relief is warranted); see also Buckwalter v. Eighth Jud. Dist. Ct., 126 Nev. 200, 201, 234 P.3d 920, 921 (2010) (disfavoring entertaining a writ petition challenging the denial of a motion to dismiss). Accordingly, we
ORDER the petition DENIED.1
Cadish, C.J.
Stiglich, J.
Herndon, J.
FOOTNOTES
1. In light of this order, we deny as moot Sunrise Hospital and Medical Center LLC's motion to be added as a party and for leave to join the petition for a writ of mandamus. We further deny as moot amicus curiae Las Vegas Defense Lawyer's motion for leave to file an amicus brief.
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Docket No: No. 88797
Decided: July 08, 2024
Court: Supreme Court of Nevada.
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Get help with your legal needs
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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