Yashouafar v. Dist. Ct. (Carino)

IN THE SUPREME COURT OF THE STATE OF NEVADA

AARON YASHOUAFAR, No. 75439 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

FIL RICHARD SCOTTI DISTRICT JUDGE, MAR 28 2018 Respondents, and

RAYMUND CARINO ON BEHALF OF

HIMSELF AND AS REPRESENTATIVE

OF THE CLASS HEREIN DEFINED,

Real Party 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 ruling denying a motion to dismiss for failure to comply with NRS 38.310's mediation requirements.

Having considered the petition and the appendices, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. 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 motions to dismiss). In particular, trial is scheduled to commence in the district court early next week, and petitioner has an adequate and speedy legal remedy in the form of an appeal from any adverse final judgment, precluding writ relief. NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004). Accordingly, we ORDER the petition DENIED.'

J. Cherr

Parraguirre

Stiglich cc: Hon. Richard Scotti, District Judge Premier Legal Group

Solomon Dwiggins & Freer, Ltd. Eighth District Court Clerk

"In light of this order, petitioner's emergency motion to stay the proceedings below is denied as moot.

SUPREME COURT

OF

NEVADA (0) 1947A