IN THE SUPREME COURT OF THE STATE OF NEVADA
ALI KIA, M.D.; AND NEVADA No. 83357
HOSPITALIST GROUP, LLP,
Petitioners,
VS .
THE EIGHTH JUDICIAL DISTRICT FILE
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF MAY 1 3 2022
CLARK; AND THE HONORABLE ELIZABETH A. BROWN
CLERK OF SUPRO4E COURT
JASMIN D. LILLY-SPELLS, DISTRICT
BY
JUDGE, DEPUTCLERK
Respondents,
FRANK J. DELEE, M.D.; FRANK J.
DELEE M.D., P.C.; AND SUNRISE
HOSPITAL AND MEDICAL CENTER,
LLC; AND CHOLOE GREEN,
Real Parties in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus challenging
a district court order denying a motion to dismiss in a medical malpractice
action.
Having considered the petition and its supporting
documentation, we are not persuaded that our extraordinary and
discretionary intervention is warranted. See Pan v. Eighth Judicial Dist.
Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (stating that the party
seeking writ relief bears the burden of showing such relief is warranted);
Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851
(1991) (recognizing that writ relief is an extraordinary remedy and that this
court has sole discretion in determining whether to entertain a writ
petition). Specifically, we generally decline to exercise our discretion to
SUPREME COURT
OF
NEVADA
(0) 1947A atga.
QV-152,43
grant writ petitions challenging orders denying motions to dismiss, and we
are not convinced any of the exceptions apply in this case. See Chur v.
Eighth Judicial Dist. Court, 136 Nev. 68, 70, 458 P.3d 336, 339 (2020)
(discussing the exceptions to the general rule). We therefore
ORDER the petition DENIED.
Hardesty •
Al4CA-0 J.
Stiglich
,
Herndon
cc: Hon. Jasmin D. Lilly-Spells, District Judge
Hon. Linda M. Bell, Chief Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Collinson, Daehnke, Inlow & Greco
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
Law Office of Daniel Marks
Hall Prangle & Schoonveld, LLC/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVAOA 2
(U) I947A