IN THE SUPREME COURT OF THE STATE OF NEVADA

PHILIP MORRIS USA INC., A FOREIGN No. 84805 CORPORATION,

Petitioner,

V5.

THE EIGHTH JUDICIAL DISTRICT FLED COURT OF THE STATE OF NEVADA, ~

IN AND FOR THE COUNTY OF CLARK; AUG 11 2022 AND THE HONORABLE VERONICA

BARISICH, DISTRICT JUDGE, CLC OF S)PREME COURT Respondents, BALM and

DOLLY ROWAN, AS AN INDIVIDUAL, AS SPECIAL ADMINISTRATOR FOR THE ESTATE OF NOREEN THOMPSON; NAVONA COLLISON, AS AN INDIVIDUAL; RUSSELL THOMPSON, AS AN INDIVIDUAL; R.J. REYNOLDS TOBACCO COMPANY, A FOREIGN CORPORATION; LIGGETT GROUP, LLC, A FOREIGN CORPORATION; QUICK STOP MARKET, LLC, A DOMESTIC LIMITED LIABILITY COMPANY; JOE’S BAR, INC., A DOMESTIC CORPORATION; THE POKER PALACE, A DOMESTIC CORPORATION; SILVER NUGGET GAMING, LLC, D/B/A SILVER NUGGET CASINO, A DOMESTIC LIMITED LIABILITY COMPANY; AND JERRY’S NUGGET, A DOMESTIC CORPORATION,

Real Parties in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus or prohibition

challenges a district court order denying a motion to dismiss in an action

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brought under the Nevada Deceptive Trade Practices Act. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 683, 476 P.3d 1194, 1198 (2020) (declining to grant writ relief when a later appeal was available); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Generally, we will not consider writ petitions challenging orders denying motions to dismiss, and we are not persuaded that any exception to the general rule applies here. Intl Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008) (discussing writ petitions challenging denials of motions to dismiss); see also R.J. Reynolds Tobacco Co. v. Eighth Judicial Dist. Court, 138 Nev., Adv. Op. 55, ___ P.3d ____ (2022) (denying writ relief in a similar challenge to an order denying a motion to dismiss in a Nevada

Deceptive Trade Practices Act action). We therefore

Silver Gibbons

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

Supreme Court oF NEVADA >

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cc: Hon. Veronica Barisich, District Judge Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas Shook, Hardy & Bacon LLP/Kansas City Lewis Roca Rothgerber Christie LLP/Las Vegas Claggett & Sykes Law Firm Bailey Kennedy Kelley Uustal/Fort Lauderdale Kasowitz Benson Torres LLP/Miami King & Spalding LLP/Atlanta King & Spalding, LLP/Charlotte Eighth District Court Clerk

Supreme Court OF NEVADA 3

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