No. 65841 

FILED 

FEB 1 2 2016 

EK. LINDEMAN 

- oF_ : e s 

AL --47 in-- 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

MASSOUD AARON YASHOUAFAR, AN 

INDIVIDUAL; SOLYMAN YASHOUAFAR, 

AN INDIVIDUAL; S & R EQUITIES, L.P., 

A NEVADA LIMITED PARTNERSHIP; 

HEXAGON HOLDINGS LIMITED, LP, A 

CALIFORNIA LIMITED PARTNERSHIP; 

THE 4D TRUST, DATED AUGUST 15, 

2002; MILBANK REALTY GROUP, INC., A 

CALIFORNIA CORPORATION; MILBANK 

RESIDENTIAL REALTY, INC., A 

CALIFORNIA CORPORATION; MILBANK 

HOLDINGS CORPORATION, A 

CALIFORNIA CORPORATION; MADISON 

EQUITIES, L.P., A NEVADA LIMITED 

PARTNERSHIP, 

Appellants, 

vs. 

PARADISE SPA OWNERS' ASSOCIATION, 

INC., A NEVADA NON-PROFIT 

CORPORATION; WILLIAM O'DONNELL, 

INDIVIDUALLY AND AS PRESIDENT OF 

PARADISE SPA OWNERS' ASSOCIATION; 

MARCIA BREON, INDIVIDUALLY AND 

AS TREASURER OF PARADISE SPA 

OWNERS' ASSOCIATION; CARY BELKIN, 

INDIVIDUALLY AND AS VICE 

PRESIDENT AND SECRETARY OF 

PARADISE SPA OWNERS' ASSOCIATION; 

AND BEN SMITH, INDIVIDUALLY AND 

AS DIRECTOR ON THE BOARD OF 

DIRECTORS OF PARADISE SPA 

OWNERS' ASSOCIATION, 

Respondents. 

SUPREME COURT 

OF 

NEVADA 

ORDER OF AFFIRMANCE 

This is an appeal from a district court order denying a motion 

for NRCP 60(b) relief. Eighth Judicial District Court, Clark County; 

Ronald J. Israel, Judge. 

(0) 1947N (2401.z. 
Having considered the parties' arguments and the record, we 

perceive no reversible error in the district court's decision not to vacate the 

judgment entered against appellants As a threshold matter, we disagree 

with appellants' jurisdictional argument, as NRS 38.300(3) specifically 

states that a "[c]ivil action. . . . does not include an action in equity for 

injunctive relief in which there is an immediate threat of irreparable 

harm." Here, the underlying lawsuit was not a "civil action" for purposes 

of NRS 38.300-.360 when appellants commenced it because appellants 

faced an immediate threat of irreparable harm at that time. Because NRS 

38.310 only prohibits "commencement" of a civil action without first 

submitting the action to NRED, the district court was not required to 

dismiss appellants' underlying action once the preliminary injunction was 

dissolved even if appellants' action may arguably have become a "civil 

action" for purposes of NRS 38.300-.360 at that point. Moreover, we agree 

that the district court had jurisdiction to adjudicate respondents' 

counterclaims. State v. Capital Convalescent Ctr., 92 Nev. 147, 151-52, 

547 P.2d 677, 680 (1976). 

We also disagree with appellants' argument that the district 

court violated Epstein v. Epstein, 113 Nev. 1401, 1405, 950 P.2d 771, 773 

(1997). To the contrary, in their NRCP 60(b) motion, appellants expressly 

stated that the district court should treat a March 25, 2014, motion as if it 

were appellants' opposition to respondents' February 20, 2014, motion for 

partial summary judgment. Thus, we perceive no error in the district 

court's decision to treat the March 25 motion as such. We likewise 

perceive no abuse of discretion in the district court's decision to exclude 

the evidence proffered in conjunction with the March 25 motion on the 

ground that it had not been timely produced during discovery. See Las 

Vegas Metro. Police Dep't v. Yeghiazarian, 129 Nev., Adv. Op. 81, 312 P.3d 

SUPREME COURT 

OF 

NEVADA 2 

tO) 1947A ate 
503, 507 (2013) (observing that the district court has discretion to admit or 

exclude proffered evidence); cf. Francis v. Wynn Las Vegas, LLC, 127 Nev. 

657, 666, 262 P.3d 705, 712 (2011) (observing that the district court has 

discretion to grant or deny a request to reopen discovery); Dornbach v. 

Tenth Judicial Dist. Court, 130 Nev., Adv. Op. 33, 324 P.3d 369, 373-74 

(2014) (recognizing that district courts have "inherent" case-management 

authority). Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

Fotrfa-s/C° 

cc: Hon. Ronald J. Israel, District Judge 

Persi J. Mishel, Settlement Judge 

Barnett Csoka 

Solomon Dwiggins & Freer, Ltd. 

Holland & Hart LLP/Las Vegas 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 3 

(0) (947A Cep