Opinion
No. 59260.
03-08-2012
Emad Scott SOUMI, M.D.; Charlie C. Huynh, M.D.; and Gnoyski Huynh Huynh Rehabilitation Associates of Nevada, Ltd., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Ronald J. Israel, District Judge, Respondents, and John Chester Fetch, Individually and as Executor of Estate of Myron Fetch, Deceased; Paul Fetch, Individually; Erik Fetch, Individually; and Kyra Christina (Fetch) Shelgren, Individually, Real Parties in Interest.
Law Office of Jacob L. Hafter & Associates Schuering Zimmerman & Doyle LLP Watson Rounds Fox Rothschild, LLP
Law Office of Jacob L. Hafter & Associates
Schuering Zimmerman & Doyle LLP
Watson Rounds
Fox Rothschild, LLP
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss in a medical malpractice action.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160 ; International Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Where there is no plain, speedy, and adequate remedy in the ordinary course of law, NRS 34.170, extraordinary relief may be available. Smith v. District Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). A writ of mandamus is an extraordinary remedy, and whether such a writ will be considered is within our sole discretion. Id. at 677, 818 P.2d at 851. It is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition, we conclude that our intervention by way of extraordinary relief is not warranted. NRAP 21(b)(1) ; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we
The relief requested by petitioners Charlie C. Huynh, M.D. and Gnoyski Huynh Huynh Rehabilitation Associates of Nevada, Ltd. in their joinder to the petition for writ of mandamus is denied for the reasons stated above.
In light of this order, petitioner Emad Scott Soumi, M.D.'s motion for stay of district court proceedings is denied.