MOATS v. Troy Burgess, Real Party in Interest. (2022)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus challenging a district court order sustaining an objection to the discovery commissioner's recommendation that the examination of real party in interest's mental condition proceed under NRS 52.380.

Petitioner Troy Moats argues that the district court manifestly abused its discretion by sustaining real party in interest Troy Burgess's objection to the discovery commissioner's report and recommendation concluding that NRS 52.380 supersedes NRCP 35.

The decision to entertain a writ petition is discretionary. Davis v. Eighth Judicial Dist. Court, 129 Nev. 116, 118, 294 P.3d 415, 417 (2013). We recently held that NRS 52.380 violates the separation of powers doctrine. See Lyft, Inc. v. Eighth Judicial Dist. Court, 137 Nev., Adv. Op. 86, ––– P.3d ––––, –––– (2021). Because the district court concluded that NRCP 35 supersedes NRS 52.380, which was consistent with our holding in Lyft, we decline to entertain Moats's petition. Accordingly, we

ORDER the petition DENIED.