MOTI PARTNERS LLC 16 LLC LLTQ LLC LLTQ 16 LLC TPOV LLC TPOV 16 LLC FERG LLC FERG 16 LLC LLC DNT LLC v. LLC PHWLV LLC (2021)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus challenging a district court order granting a motion to strike.

Petitioners seek a writ of mandamus directing the district court to (1) vacate its order granting real parties in interest's motion to strike petitioners’ amended counterclaims, and (2) deny the motion.

The decision to entertain a petition for a writ of mandamus is discretionary. Davis v. Eighth Judicial Dist. Court, 129 Nev. 116, 118, 294 P.3d 415, 417 (2013). “The writ will not issue ․ if a petitioner has a plain, speedy, and adequate remedy in the ordinary course of the law.” Id. “The right to immediately appeal or even to appeal in the future, after a final judgment is ultimately entered, will generally constitute an adequate and speedy legal remedy precluding writ relief.” D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474, 168 P.3d 731, 736 (2007).

Petitioners retain appellate rights, see NRAP 3A(b)(1), and therefore have a plain, speedy, and adequate remedy in the ordinary course of law. Thus, we decline to entertain the petition.¹ Accordingly, we ORDER the petition DENIED.

FOOTNOTES

1.   In light of this order denying writ relief, we lift the stay previously ordered by this court on April 16, 2021.