PETA, 114 Nev. 1348, 1354-55, 971 P.2d 383, 387 (1998). Respondent instituted a separate action with the correct plaintiff after an agreement to allow for the substitution of parties in this case fell apart, and the district court determined that some discovery in this case would be useful in the other action. Based on these findings, the district court did not abuse its discretion in denying appellants' request for attorney fees. See id. Accordingly, we ORDER the judgment of the district court AFFIRMED.

, J.

Saitta

J.

cc: Hon. Stefany Miley, District Judge Stephen E. Haberfeld, Settlement Judge Michael R. Mushkin & Associates, P.C.

The Firm, P.C.

Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e)