Hygea Holdings Corp. v. Dist. Ct. (Arellano)

IN THE SUPREME COURT OF THE STATE OF NEVADA

HYGEA HOLDINGS CORP., No. 75215 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE

NANCY L. ALLF, DISTRICT JUDGE, MAR 0 5 2018 Respondents, ELIZABETH A. BROWN CLERK OF SUPREME COURT and BY DEPUTY CLE CLAUDIO ARELLANO; CROWN

EQUITY'S LLC; FIFTH AVENUE 2254

LLC; HALEVI ENTERSPRISES LLC;

HALEVI SV 1 LLC; HALEVI SV 2 LLC;

HILLCREST ACQUISTIONS LLC;

HILLCREST CENTER SV I LLC;

HILLCREST CENTER SV II LLC;

HILLCREST CENTER SV III LLC; IBH

CAPITAL LLC; LEONITE CAPITAL

LLC; N5HYG LLC; AND RYMSSG

GROUP, LLC,

Real Parties in Interest.

ORDER DENYING PETITION

FOR WRIT OF MANDAMUS OR PROHIBITION This original, emergency petition for a writ of mandamus or prohibition challenges a district court oral ruling denying a motion to dismiss an action for receivership for lack of jurisdiction.

Having considered the petition and the appendix, we are not satisfied that this court's intervention by way of extraordinary relief is warranted at this time. See NRAP 21(b); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (observing that this court generally will not consider writ petitions challenging orders denying SUPREME COURT

OF

NEVADA

(0) I947A

I -01055(0 motions to dismiss). In particular, additional proceedings are scheduled to take place in the district court this week, and petitioner has an adequate and speedy legal remedy in the form of an appeal from any order appointing a receiver, precluding writ relief. NRS 34.170; NRS 34.330; NRAP 3A(b)(4); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004). Accordingly, we

ORDER the petition DENIED.

J.

Parraguirre

J.

cc: Hon. Nancy L. Allf, District Judge

Ballard Spahr LLP/Las Vegas

The Miller Law Firm, P.C.

Albright Stoddard Warnick & Albright

Holley, Driggs, Walch, Fine, Wray, Puzey & Thompson/Las Vegas Eighth District Court Clerk