IN THE SUPREME COURT OF THE STATE OF NEVADA

ERIKE HIGHTOWER; AND No. 71329 SOUTHWESTERN FURNITURE OF WISCONSIN, LLC, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOSEPH OCT 1 7 2016 HARDY, JR., DISTRICT JUDGE, ELLZABETH A. BROWN CLEFtK F UPREME COURT Respondents, BY • - DEPUTY CLERK and MARTIN VALDEZ-BURCIAGA; AND TERESA PITONES, Real Parties in Interest.

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 a negligence per se claim.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, and from a practical standpoint, it does not appear that petitioners are aggrieved by the

SUPREME COURT OF NEVADA district court's decision} To the extent that they may become aggrieved by the decision, they have an adequate legal remedy in the form of an appeal. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Douelas

` — \„_) - J.

Gibbons

cc: Hon. Joseph Hardy, Jr., District Judge Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Maier Gutierrez Ayon, PLLC Eighth District Court Clerk

1 Petitioners recognized as much in district court when they stated that the purpose of their motion was simply to "clean(] up the pleadings." SUPREME COURT OF NEVADA (0) 1947A 40.