IN THE SUPREME COURT OF THE STATE OF NEVADA

MARSHALLS OF NEVADA, INC., A No. 71349 NEVADA CORPORATION; AND THE TJX COMPANIES, INC., A DELAWARE CORPORATION, Petitioners, vs. FILED THE EIGHTH JUDICIAL DISTRICT NOV 1 8 2016 COURT OF THE STATE OF NEVADA, OWN IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE TIMOTHY C. WILLIAMS, DISTRICT JUDGE, Respondents, and LINDA CALDERA BREDESON, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order granting reconsideration of a summary judgment in a tort action.

The district court granted reconsideration of the summary judgment, reasoning that with the reopening of the bankruptcy case petitioner had standing to pursue the tort action on behalf of the bankruptcy estate. Based on the petition and the appendix provided,' we are not persuaded that the district court's reasoning was arbitrary or capricious or in contravention of clearly established law such that our

'Petitioners did not include in their appendix copies of the bankruptcy trustee's response to the motion for reconsideration or the challenged district court order.

SUPREME COURT OF NEVADA

(0) 1947A (0-3W 0 extraordinary and discretionary intervention is warranted. NRS 34.160; NRAP 21(a)(4); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (noting that this court will generally not consider writ petitions challenging orders denying summary judgment); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Accordingly, we ORDER the petition DENIED.

(IAA , C.J.

Parraguirre

P--161A-S-VLI J.

Hardesty

J.

cc: Hon. Timothy C. Williams, District Judge Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Law Office of Neal Hyman Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A (4(1111tP