IN THE SUPREME COURT OF THE STATE OF NEVADA

ARCHON CORPORATION; PAUL W. No. 74270 LOWDEN; AND SUZANNE LOWDEN, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILE") IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, and DAN RAIDER, Real Party in Interest.

ORDER DENYING PETITION Original petition for a writ of mandamus or prohibition challenging a district court order compelling disclosure of a confidential settlement agreement.

Whether a writ of mandamus or prohibition will be issued is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). A writ of mandamus is available "to compel the performance of an act," NRS 34.160, that the law requires "or to control an arbitrary or capricious exercise of discretion," International Game Technology, Inc. v. Second Judicial District Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. NRS 34.320; Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012). Neither of these writs will issue if the petitioner has "a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330.

SUPREME COURT OF

lq - 777 3 1 NEVADA

(01 19(17A Having considered the petition, we are not persuaded that our extraordinar y and discretionar y intervention is warranted at this time in light of this court's recent amendments to the Nevada Rules of Civil Procedure, effective March 1, 2019. See NRCP 26(b)(1). Accordin gly, we ORDER the petition DENIED.'

, CA.

Gibbons

J.

, J.

Hardest y

Aks2 LA:L-2 J.

Stiglich

, Sr.J.

Shearin g

cc: Hon. Mark R. Denton, District Jud ge Dickinson Wri ght PLLC Goren, Goren & Harris, P.C.

Law Offices of Steven J. Parsons Eighth District Court Clerk

'The Honorable Ron D. Parra guirre, Justice, is dis qualified from participation in the decision of this matter. The Honorable Elissa F. Cadish, Justice, and the Honorable Abbi Silver, Justice, did not participate in the decision of this matter.

SUPREME COURT OF NEVADA (0) 1947A Qe