IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID G. MARTINEZ; AND CHILLY No. 83911
WILLY'S HANDYMAN SERVICES,
LLC,
Petitioners,
VS.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
FILED
CLARK; AND THE HONORABLE APR 0 6 2022
RONALD J. ISRAEL, DISTRICT EUZABETH A. BROWN
=Wi lt ISUPREME COURT
JUDGE,
BY .7")•
Respondents, DEPUTY CLERK
and
TAYLOR MILES CAPE, AN
INDIVIDUAL,
Real Party in Interest.
ORDER GRANTING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a
district court order adopting a discovery commissioner report and
recommendation in a personal injury action. The district court's order
concludes that the enactment of NRS 52.380 constitutes good cause under
NRCP 35 to allow a third-party observer at real party in interest's
neuropsychological examination and to audio record the examination, and
it further requires petitioners expert to share the raw data with real party
in interest's expert, who in turn may share the raw data with real party in
interest's attorney.
Recently, and after the district court's decision in this matter,
this court declared NRS 52.380 unconstitutional for violating separation of
powers. Lyft, Inc. v. Eighth Judicial Dist. Court, 137 Nev., Adv. Op. 86, 501
4.-!062 7.3
P.3d 994 (2021). Accordingly, NRS 52.380 was improperly relied upon in
determining that real party in interest had demonstrated good cause under
NRCP 35, warranting mandamus relief. See State v. Dist. Ct. (Armstrong),
127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (describing when mandamus
relief is appropriate). We therefore
ORDER the petition GRANTED AND DIRECT THE CLERK
OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the
district court to vacate its order granting real party in interest's request for
examination protections and to reconsider that request under NRCP 35 in
light of Lyft.1
L.Le.e.t)
Silver
J.
Cadish
J.
cc: Hon. Ronald J. Israel, District Judge
Dennett Winspear, LLP
Keating Law Group
Greenman Goldberg Raby & Martinez
Eighth District Court Clerk
lIn light of this order, petitioners motion and emergency motion for
stay pending our consideration of this writ petition are denied as moot.
SUPREME COURT
OF
NEVADA
((1) I947A diem
2