however, failed to address appellant's argument on rehearing that NRS
205.511 provides a private cause of action for the statutory violations
alleged in appellant's complaint.
Having considered the rehearing petition and answer thereto,
we grant the petition, as the April 11 order of affirmance overlooked a
controlling statute. NRAP 40(c)(2)(B). Accordingly, we hereby vacate our
April 11, 2014, order of affirmance and reverse the district court's
dismissal order and remand this matter to the district court.' In so doing,
we note that because this matter was dismissed at the pleading stage, in
reviewing the dismissal, we are required to recognize the allegations in
appellant's complaint as true. Buzz Stew, LLC v. City of N. Las Vegas, 124
Nev. 224, 228, 181 P.3d 670, 672 (2008). Accordingly, this order should
not be construed as precluding the parties from presenting evidence that
either establishes or negates the merits of the underlying claims and
seeking appropriate relief in the district court.
It is so ORDERED. 2
PiekUtup , J.
Pickering
J.
Parra guirre Saitta
'We note, however, that we properly concluded that appellant was
not entitled to a default judgment against respondent, and that these
issues should not be reconsidered on remand.
2Appellant's June 4, 2014, motion to file a reply to respondent's
answer is denied.
SUPREME COURT
OF
NEVADA
2
(0) 1947A e
cc: Hon. Jerome Polaha, District Judge
Russell
Demetras & O'Neill
Washoe District Court Clerk
SUPREME COURT
OF 3
NEVADA
(0) 1947A 4M14