MARTINEZ LLC v. Douglas J. Kennedy, Real Party in Interest. (2022)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order allowing the audio-recording of an NRCP 35 neuropsychological examination and an order declining to extend discovery deadlines.

Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. See 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, 679, 818 P.2d 849, 851, 853 (1991). In particular, this matter presents unique factual circumstances and thus does not fit within any exception to our general policy against considering writ petitions challenging discovery decisions, see Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012), and we are not persuaded that an appeal from the final judgment is an inadequate legal remedy, see Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioners’ emergency motion for stay is denied as moot.