Dignity Health Vs. Dist. Ct. (Arteaga)

IN THE SUPREME COURT OF THE STATE OF NEVADA

DIGNITY HEALTH, A FOREIGN NON- No. 81099 PROFIT CORPORATION; DIGNITY

HEALTH MEDICAL GROUP NEVADA,

LLC, A DOMESTIC LIMITED-

LIABILITY COMPANY; ROGER A.

MARTINEZ, M.D.; AND ROGER A.

MARTINEZ, M.D., PLLC,

Petitioners, vs.

FILE THE EIGHTH JUDICIAL DISTRICT

JUN 2 4 2020 COURT OF THE STATE OF NEVADA,

ELLIABETH A. BROWN IN AND FOR THE COUNTY OF CLARK; CLERK OF SUPREME COURT AND THE HONORABLE NANCY L. ay < •Yr ALLF, DISTRICT JUDGE,

Respondents, and

MONICA ARTEAGA, AN INDIVIDUAL;

BENJAMIN SCHNOSE, AN

INDIVIDUAL; AND CAIN G. SCHNOSE,

A MINOR, BY AND THROUGH HIS

PARENTS AND NATURAL

GUARDIANS, MONICA ARTEAGA AND

BENJAMIN SCHNOSE,

Real Parties in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss in a medical malpractice action.'

1 The clerk of this court shall amend the caption of this docket to reflect the caption on this order, consistent with the joinder filed on May 8, 2020.

SUPREME COURT

OF

NEVADA (0) 1947A ADD olo—A3L1342- Having considered the petition and supporting documentation, we are not persuaded that petitioners have demonstrated that our extraordinary and discretionary intervention is warranted. NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) see Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997) (observing that this court generally will not consider writ petitions challenging orders denying motions to dismiss). In particular, we are not persuaded that an appeal from an adverse final judgment would be an inadequate legal remedy. Pan, 120 Nev. at 224, 88 P.3d at 841 (recognizing that an appeal from a final judgment is generally an adequate remedy that precludes writ relief).

Accordingly, we

ORDER the petition DENIED.

Parraguirre p n , .. ,

Hardesty Cadish cc: Hon. Nancy L. Allf, District Judge

Alverson Taylor & Sanders

Nettles Morris

Janet, Janet & Suggs/Columbia SC

Janet, Janet & Suggs/Baltimore

Lewis Brisbois Bisgaard & Smith LLP

Eighth District Court Clerk