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VTB HOLDINGS, INC.; Stripes Group, LLC; SG VTB Holdings, LLC; Kenneth Potashner; Elwood Norris; Seth Putterman; Robert Kaplan; Andrew Wolfe; and James Honore, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Elizabeth Goff Gonzalez, Respondents, Grant Oakes; Kearney Irrv Trust, individually and on behalf of all others similarly situated; and Derivative Plaintiff Lance Mykita, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This petition for a writ of mandamus or prohibition challenges a district court order denying a motion to dismiss in a corporations action. Having considered the petition and appendix filed in this matter, 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, 818 P.2d 849, 851 (1991); see NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997) (stating that this court only rarely considers writ petitions denying motions to dismiss or motions for summary judgment). In particular, petitioner may raise the issues identified in the writ petition in any appeal from an adverse final order. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (stating that an appeal is generally an adequate and speedy legal remedy precluding writ relief). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 75608
Decided: June 15, 2018
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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