LV RESTAURANT MANAGEMENT CORP v. ARAM DAVTYAN (2026)

ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This is an original petition for a writ of mandamus or prohibition challenging, inter alia, a district court order permitting an NRCP 35 examination under certain conditions pursuant to NRS 629.620. In Powers v. Eighth Jud. Dist. Ct., 142 Nev., Adv. Op. 35, 589 P.3d 638, 642 (2026), we held that to the extent NRS 629.620 conflicts with NRCP 35, the statute is unconstitutional. Because the district court here relied on NRS 629.620 in setting the examination conditions, it erred. 1 Accordingly, we

ORDER the petition GRANTED IN PART AND DENIED IN PART AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its August 20, 2024, order and to resolve this discovery dispute consistent with Powers. 2

Herndon, C.J.

Pickering, J.

Bell, J.

Cadish, J.

Parraguirre, J.

Stiglich, J.

Lee, J.

FOOTNOTES

1.   We have carefully considered LVRMC's remaining arguments and conclude they are without merit.

2.   In light of this order, LVRMC's alternative request for a writ of prohibition is denied.