MARTZ v. LLC LLC BMO LLC LLC BTIG LLC (2019)

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges a district court order granting a motion for a stay of the proceedings in a putative class action suit in deference to a putative class action suit filed in federal court asserting the same Securities Act violations against the real parties in interest. Having reviewed the parties' pleadings and heard oral argument in this matter, we conclude that petitioners have not demonstrated that the district court manifestly abused its discretion such that this court's intervention is warranted. See NRS 34.160; NRS 34.320; State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (defining an arbitrary and capricious exercise of discretion as a decision contrary to the evidence or established rules of law and a manifest abuse of discretion as a clearly erroneous interpretation of law or a clearly erroneous application of a law or rule); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ of mandamus or prohibition is purely discretionary with this court). Accordingly we

ORDER the petition DENIED.