Pro Petroleum, Llc v. Dist. Ct. (Larsen) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
PRO PETROLEUM, LLC; RIP GRIFFIN No. 83536
TRUCK SERVICE CENTER, INC.; AND
DAVID YAZZIE, JR.,
Petitioners,
vs. FILED
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, FEB 1 1 2022
IN AND FOR THE COUNTY OF ELIZABETH A. BROWN
CLERK OF SUPREME COURT
CLARK; AND THE HONORABLE BY
SUSAN JOHNSON, DISTRICT JUDGE, DEP • CLERK
Respondents,
and
DAKOTA JAMES LARSEN,
Real Party in Interest.
ORDER DISMISSING PETITION
This original writ petition challenges a district court order
compelling a physical examination of real party in interest under NRCP 35
and NRS 52.380. Eighth Judicial District Court, Clark County; Susan
Johnson, Judge.
Petitioners assert• in their petition that, to the extent the
district court allowed recording of the examination and an observer under
NRS 52.380, the order should be stricken, as NRS 52.380 unconstitutionally
conflicts with NRCP 35. Real party in inteiest moves to dismiss the petition
as moot. In particular, real party in interest notes that: (1) the examination
with the conditions to which petitioners objected has occurred, such that no
effective relief remains that this court can grant; and (2) the conflict
asserted between NRS 52.380 and NRCP 35 has been resolved by Lyft, Inc.,
v. Eighth Judicial Dist. Court, 137 Nev. Adv. Op. 86, 501 P.3d 994 (2021).
SUPREME COURT
OF
NEVADA
(0) 1947A
og?-044 (pay
"[T]he duty of every judicial tribunal is to decide actual
controversies by a judgment which can be carried into effect, and not to give
opinions upon moot questions or abstract propositions, or to declare
principles of law which cannot affect the matter in issue before it." Univ.
and Cmty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't, 120 Nev. 712, 720,
100 P.3d 179, 186 (2004) (quoting NCAA v. Univ. of Nev., 97 Nev. 56, 57,
624 P.2d 10, 10 (1981). As a result, this court has long recognized that cases
which present live controversies at their inception may be rendered moot by
subsequent events. Id.Having reviewed the papers presented in the petition and the
motion to dismiss, we conclude the matter is moot and not the proper subject
for a writ of mandamus. See Walker v. Second Judicial Dist. Court, 136
Nev. Adv. Op. 80, 476 P.3d 1194, 1198-99 (2020). Accordingly, the motion
to dismiss is granted and this court
ORDERS this petition DISMISSED.
ift ie A ) , J.
Silver
, J. Piaeu , J.
Cadish Pickering
cc: Hon. Susan Johnson, District Judge
Grant & Associates
Claggett & Sykes Law Firm
SUPREME COURT Eighth District Court Clerk
OF
NEVADA
(0) I907A
2