IN THE SUPREME COURT OF THE STATE OF NEVADA

TROY MOATS, No. 81912 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED ADRIANA ESCOBAR, DISTRICT JAN 2 7 2022 JUDGE, ELIZABETH A. BROWN Respondents, CLERT1PREME COURT and BY CLERX DEPUTY TROY BURGESS, Real Party in Interest.

ORDER DENYING PETITION

This is an original petition for a writ of mandamus challenging a district court order sustaining an objection to the discovery commissioner's recommendation that the examination of real party in interest's mental condition proceed under NRS 52.380. Petitioner Troy Moats argues that the district court manifestly abused its discretion by sustaining real party in interest Troy Burgess's objection to the discovery commissioner's report and recommendation concluding that NRS 52.380 supersedes NRCP 35. The decision to entertain a writ petition is discretionary. Davis v. Eighth Judicial Dist. Court, 129 Nev. 116, 118, 294 P.3d 415, 417 (2013). We recently held that NRS 52.380 violates the separation of powers

et7 - C.9.2 (act 7 " .•. doctrine. See Lyft, Inc. v. Eighth Judicial Dist. Court, 137 Nev., Adv. Op. 86, P.3d _, (2021). Because the district court concluded that NRCP 35 supersedes NRS 52.380, which was consistent with our holding in Lyft, we decline to entertain Moats's petition. Accordingly, we ORDER the petition DENIED.

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, J. Al4L-0 Hardesty Stiglich

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Pieku J. Pickering Herndon

cc: Hon. Adriana Escobar, District Judge Hon. Linda M. Bell, Chief Judge H&P Law, PLLC Winner Booze & Zarcone Lincoln, Gustafson & Cercos Claggett & Sykes Law Firm The Powell Law Firm Eighth District Court Clerk

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