Iglesias v. Dist. Ct. (N5Hyg, Llc)

IN THE SUPREME COURT OF THE STATE OF NEVADA

MANUEL IGLESIAS; AND EDWARD No. 83157 MOFFLY,

Petitioners, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

FILED CLARK; AND THE HONORABLE

NANCY L. ALLF, DISTRICT JUDGE,

Respondents, and

N5HYG, LLC; AND NEVADA 5, INC.,

Real Parties in Interest.

ORDER DENYING PETITION

This is an original petition for a writ of prohibition, or in the alternative, a writ of mandamus, challenging a district court order denying a motion for partial judgment on the pleadings.

Having considered the petition and its supporting documentation, as well as the answer and reply, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Direct Grading & Paving, LLC v. Eighth Judicial Dist. Court, 137 Nev., Adv. Op. 31, 491 P.3d 13, 17 (2021) (stating that the decision to entertain a writ petition is solely within our discretion); Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev. 816, 821, 407 P.3d 702, 707 (2017) (stating that the petitioner bears the burden of showing that writ relief is warranted). Among other reasons, petitioners have not shown that an appeal from a final judgment would be an inadequate legal remedy. See Pan v. Eighth

.• • • Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (observing "that the right to appeal is generally an adequate legal remedy that precludes writ relief' ); see also Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1198 (2020) (A remedy does not fail to be speedy and adequate, because, by pursuing it through the ordinary course of law, more time probably would be consumed than in a mandamus proceeding."). Accordingly, we

ORDER the petition DENIED.

• rjr/

Hardesty

, J. J. Stiglich Herndon cc: Hon. Nancy L. Allf, District Judge Hon. Linda M. Bell, Chief Judge Kaplan Cottner

The Miller Law Firm, P.C.

Albright Stoddard Warnick & Albright Lewis Roca Rothgerber Christie LLP/Las Vegas Lemons, Grundy & Eisenberg

Eighth District Court Clerk

SUPREME COURT

Of

NEVADA 2 40) I947A 4004.