MSG LV CONSTRUCTION LLC DELAWARE LIMITED LIABILITY COMPANY AND MSG LAS VEGAS LLC DELAWARE LIMITED LIABILITY COMPANY v. BOMBARD ELECTRIC LLC DESERT FIRE PROTECTION LONE MOUNTAIN EXCAVATION UTILITIES LLC PERFORMANCE CONTRACTING INC REXEL USA INC TRIMARK USA LLC PEC SOLUTIONS LLC ARCHKEY TECHNOLOGIES HARRIS LAS VEGAS LLC SOUTHWEST STEEL LLC WAFCO STEEL LLC ROSENDIN ELECTRIC INC AND BRANDSAFWAY SERVICES LLC (2026)

ORDER DENYING PETITION

This is an original petition for a writ of prohibition or mandamus challenging a district court order consolidating arbitration proceedings.

Our decision to issue writ relief is discretionary. Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). A writ of mandamus is available only to compel the performance of a legally required act or to cure an arbitrary and capricious exercise of discretion. Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. NRS 34.320; Smith, 107 Nev. at 677, 818 P.2d at 851.

Writ relief will not issue when the parties have a “plain, speedy, and adequate remedy at law.” NRS 134.170; Smith, 107 Nev. at 677, 818 P.2d at 851 “Petitioners carry the burden of demonstrating that extraordinary relief is warranted.” Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

The instant petition follows a district court order consolidating multiple individual arbitration proceedings. Here, the district court issued a provisional remedy under NRS 38.222 prior to the appointment of an arbitrator. Because the order is only a provisional remedy, which can be re-evaluated by an R-7 arbitrator at the parties’ request, the petitioners have not carried their burden of demonstrating that they do not have an adequate remedy at law. Thus, our extraordinary intervention is not warranted. Accordingly, we

ORDER the petition DENIED.

Pickering, J.

Parraguirre, J.

Bell, J.