Opinion
No. 78091
02-12-2019
MUSCLEPHARM CORPORATION; AND RYAN DREXLER, Petitioners, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CARSON CITY; AND THE HONORABLE JAMES TODD RUSSELL, DISTRICT JUDGE, Respondents, and WHITE WINSTON SELECT ASSET FUND SERIES FUND MP-18, LLC; WHITE WINSTON SELECT ASSET FUNDS, LLC; AND BRENT BAKER, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
This emergency petition for a writ of prohibition challenges a district court order compelling production of certain documents in a shareholder derivative action.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is appropriate at this time. The district court gave the parties an opportunity to submit a privilege log and time to agree to a confidentiality stipulation, and it does not appear that the parties have done so yet. On this record, our intervention by extraordinary writ does not appear warranted. See Cotter v. Eighth Judicial Dist. Court, 134 Nev., Adv. Op. 32, 416 P.3d 228, 231-32 (2018) (describing the limited circumstances in which this court will entertain a writ petition seeking relief from a discovery order); Wardleigh v. Second Judicial Dist. Court, 111 Nev. 345, 351, 891 P.2d 1180, 1184 (1995) (recognizing that this court rarely considers writ petitions challenging pretrial discovery orders). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Cadish cc: Hon. James Todd Russell, District Judge
Brownstein Hyatt Farber Schreck, LLP/Reno
Kasowitz Benson Torres LLP
Allison MacKenzie, Ltd.
Brownstein Hyatt Farber Schreck, LLP/Las Vegas
Ballard Spahr LLP/Las Vegas
Kaempfer Crowell/Reno
Carson City Clerk