Las Vegas Med. Grp., Llc Vs. Dist. Ct. (Cardiovascular & Thoracic Surgeons Of Nev., Inc.)

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAS VEGAS MEDICAL GROUP, LLC, No. 80845 D/B/A LAS VEGAS CARDIOVASCULAR

SURGERY SPECIALISTS;

INDEPENDENCE LAS VEGAS, LLC;

INDEPENDENCE PHYSICIAN

MANAGEMENT, LLC; VALLEY

HEALTH SYSTEM, LLC, D/B/A SPRING

VALLEY HOSPITAL; UNIVERSAL FILED HEALTH SERVICES, INC.; LEONARD

FREEHOF; AND MELISSA GREEN, OCT 1 5 2020 Petitioners, ELIZABETH A. BROWN CLERK OF SUPREME COURT VS.

BY 5.Y THE EIGHTH JUDICIAL DISTRICT DEPUTY ' RK l' .E CiA/1 I--t COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

ELIZABETH GOFF GONZALEZ,

DISTRICT JUDGE,

Respondents, and

CARDIOVASCULAR & THORACIC

SURGEONS OF NEVADA, INC.,

Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of prohibition or mandamus challenges a district court's prejudgment order granting a mistrial and awarding attorney fees and costs to real party in interest. Having reviewed the briefs and documents submitted in this matter, we decline to exercise our discretion to entertain the writ petition. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) ("[T]he issuance of a writ of mandamus or prohibition is purely discretionary with this court."). Neither a writ of mandamus nor a writ of prohibition will issue when SUPREME COURT

Of

NEVADA

()) 1947A olegPil.

.20 - 37 qtR1 petitioner has a "plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330; Int'l Garne Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Petitioner concedes that a writ petition is generally not the appropriate vehicle for challenging the grant of a mistrial and a resulting award of attorney fees and costs. Petitioner contends, however, that the district court conditioned its stay of enforcement or execution of the attorney fees award on the filing of this petition, and an appeal would not be an adequate remedy if the attorney fees award were to be immediately enforced or executed. Because documents submitted in this matter show that the district court will entertain a stay of enforcement or execution for the duration of the proceedings should this petition be denied, we conclude that petitioner has not demonstrated at this time that an appeal from a final judgment would be an inadequate remedy. Accordingly, we

ORDER the petition DENIED without prejudice.

.1144G4-g J. LIZA.ii/L) , J.

Stiglich Silver cc: Hon. Elizabeth Goff Gonzalez, District Judge Bailey Kennedy

Christensen James & Martin

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) I947A 46).