Wesco Insurance Company v. Smart Industries Corporation

Opinion

1 DAVID BARRON, ESQ. Nevada Bar No. 142 2 JOSEPH R. MESERVY, ESQ. Nevada Bar No. 14088 3 BARRON & PRUITT, LLP 3890 West Ann Road 4 North Las Vegas, Nevada 89031-4416 Telephone: (702) 870-3940 Facsimile: (702) 870-3950 5 Email: DBarron@lvnvlaw.com Email: JMeservy@lvnvlaw.com 6 Attorneys for Defendant, Smart Industries Corporation 7

8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ***** 11 WESCO INSURANCE COMPANY as subrogee Case No.: 2:16-cv-01206-JCM-EJY of its insured NICKELS AND DIMES 12 INCORPORATED,

13 Plaintiff,

14 vs.

15 SMART INDUSTRIES CORPORATION dba CONSOLIDATED FOR PURPOSES OF SMART INDUSTRIES CORP., MFG., an Iowa DISCOVERY AND TRIAL 16 corporation,

17 Defendants.

18 JENNIFER WYMAN, individually; BEAR Case No.: 2:16-cv-02378-JCM-EJY 19 WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; JENNIFER 20 WYMAN and VIVIAN SOOF, as Joint Special STIPULATION AND ORDER FOR Administrators of the ESTATE OF CHARLES EXTENSION OF TIME FOR 21 WYMAN; and SARA RODRIGUEZ natural DEFENDANT SMART TO FILE ITS parent and guardian ad litem of JACOB WYMAN, RESPONSES TO MOTIONS IN LIMINE 22 (Second Request) Plaintiffs, 23 vs. 24 SMART INDUSTRIES CORPORATION dba 25 SMART INDUSTRIES CORP., MFG, an Iowa Corporation; HI-TECH SECURITY INC, a 26 Nevada Corporation; WILLIAM ROSEBERRY; BOULEVARD VENTURES, LLC, a Nevada 27 Corporation; DOES 1 through 10; BUSINESS 1 Defendants. HI-TECH SECURTY INC; and WILLIAM 2 ROSEBERRY,

3 Third-Party Plaintiffs,

4 vs.

5 NICKELS AND DIMES INCORPORATED,

6 Third-Party Defendants.

7 8 Defendant Smart Industries Corporation’s responses to (1) Plaintiff’s Motion in Limine No. 1 9 to Preclude Testimony that the Subject Arcade Machine Was Not Serviced in a Reasonable 10 Foreseeable Manner (ECF #181); (2) Plaintiff’s Motion in Limine No. 2 to Preclude Evidence or 11 Argument that the Defective Subject Arcade Machine was Not the Cause of Charles Wyman’s 12 Electrocution and Request for Judicial Notice of NRS 259.050, NRS 440.420 and Certificate of Death 13 (ECF #182); (3) Plaintiff’s Motion in Limine No. 3 to Preclude Testimony Argument, or Evidence 14 that the Subject Arcade Machine Was Not Defective at the Time of the Incident (ECF #183); (4) 15 Plaintiff’s Motion in Limine No. 4 to Preclude Any Argument that Defendant Smart Industries 16 Corporation Was Anything Other Than a Manufacturer, Distributor, and Seller of the Defective 17 Arcade Machine Pursuant to Nevada Law (ECF #184) are currently due February 25, 2020. With this 18 Court’s approval, the parties hereby agree that the deadline for said responses shall be extended by 10 19 days. As such Defendant Smart Industries Corporation’s responses to Plaintiff’s Motions in Limine 20 Nos. 1 through 4 shall now be due on March 6, 2020. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This 2 the second request to extend the deadline for filing the Defendant Smart Industries Corporation 3 replies to Plaintiff's Motions in Limine Nos. 1 through 4 (ECF #181-184). 4 Respectfully submitted, 5 . . Dated this 25th day of February, 2020, Dated this 25th day of February, 2020, 6 BARRON & PRUITT, LLP EGLET ADAMS 7 8 /s/ Joseph_R. Meservy __/s/ Thomas N. Beckom______ DAVID BARRON, ESQ. TRACY A. EGLET, ESQ. 9 || Nevada Bar No. 142 Nevada Bar No. 6419 JOSEPH R. MESERVY, ESQ. THOMAS N. BECKOM, ESQ. 10 || Nevada Bar No. 14088 Nevada Bar No. 12554 3890 West Ann Road 400 South 7" Street, 4" Floor 11 || North Las Vegas, Nevada 89031 Las Vegas, Nevada 89101 Attorneys for Defendant Attorneys for the Wyman Plaintiffs 12 || Smart Industries Corporation 13

45 6 ORDER

uz 16 Based upon the Stipulation of the parties hereto, and with good cause appearing therefor,

9 “ M7 IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted. 18 || pb aTED February 26, 2020. 19 20 : a (4a) 2. Atallan UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28