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 5 Facsimile: (702) 870-3950 Email: DBarron@lvnvlaw.com 6 Email: JMeservy@lvnvlaw.com Attorneys for Defendant, 7 Smart Industries Corporation 8 9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA

Il || WESCO INSURANCE COMPANY as subrogee | Case No.: 2:16-cv-01206-JCM-EJY of its insured NICKELS AND DIMES 12 || INCORPORATED, Be. be Plaintiff,

14 vs.

15 || SMART INDUSTRIES CORPORATION dba CONSOLIDATED FOR PURPOSES OF SMART INDUSTRIES CORP., MFG., an Iowa DISCOVERY AND TRIAL S23 16 || corporation, Eee S 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 TAKE parent and guardian ad litem of JACOB WYMAN,| CERTAIN DEPOSITIONS (Fourth 22 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 97 || Corporation; DOES | through 10; BUSINESS ENTITIES I through V; and ROE 4g || CORPORATIONS 11 through 20, inclusive,

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 g || On February 19, 2020, this Court issued an Order (ECF No. 199) stating that “discovery is ° reopened for a period of 45 days, beginning from the date of this Order, for the sole and exclusive 10 purpose of allowing Smart Industries to depose Samir Bangalore, M.D. as a fact witness, Jerry Andrews as a fact witness, Lisa Gavin, as a fact witness, and Person Most Knowledgeable for the

Clark County Coroner/Medical Examiner, and the Person(s) Most Knowledgeable for Sunrise Hospital, Affordable Cremation & Burial, and the Clark County Fire Department.” ECF No. 199 at 19. On March 23, 2020, this Court issued an Order (ECF No. 237) extending that period of time by » 60 days. On April 20, 2020, this Court issued an Order (ECF No. 251) extending that period of time by 30 days. On June 2, 2020, this Court issued an Order (ECF No. 261) extending that period of time by 30 days. Accordingly, Smart Industries currently has until July 22, 2020 to take any of the 18 foregoing depositions. 19 Lisa Gavin, MD has indicated that she is not available for her deposition until after the current 20 || deadline. As such, the parties have agreed to take the deposition of Lisa Gavin, MD on July 27, 2020. 21 With this Court’s approval, the parties hereby agree that the deadline for Smart Industries to 22 || depose Lisa Gavin, as a fact witness, shall be extended by an additional 5 days, or such other time as 23 ||deemed appropriate by the Court. As such, the deadline provided for Smart Industries to take the 24 || deposition of Dr. Gavin shall conclude on July 27, 2020. All other deposition previously allowed by 25 || the court will be conducted prior to the current July 22, 2020 deadline. 96 27 \|/// 28

1 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This ts 7 || the fourth request to extend the discovery deadline for the sole purpose of allowing Smart Industrie: 3, || to depose Lisa Gavin, as a fact witness. 4 Respectfully submitted, Dated this 29" day of June, 2020, Dated this 29" day of June, 2020, 5 BARRON & PRUITT, LLP EGLET ADAMS 6 Ti oe /s/ James A. Trummell D&VID BARRON, ESQ. TRACY A. EGLET, ESQ. 8 || Nevada Bar No. 142 Nevada Bar No. 6419 JOSEPH R. MESERVY, ESQ. JAMES A. TRUMMELL, ESQ. 9 |) Nevada Bar No. 14088 Nevada Bar No. 14127 3890 West Ann Road ASHLEY E. KABINS, ESQ. 10 || North Las Vegas, Nevada 89031 Nevada Bar No. 15057 Attorneys for Defendant 400 South 7" Street, 4" Floor 11 Smart Industries Corporation Las Vegas, Nevada 89101 Attorneys for the Wyman Plaintiffs 12 _ Dated this 29" day of June, 2020, 13 CLIFF W. MARCEK, P.C. 14 15 || _/s/ Cliff W. Marcek CLIFF W. MARCEK, ESQ. 16 || Nevada Bar No. 5061 536 East St. Louis Ave. 17 Las Vegas, Nevada 89104 Attorneys for Plaintiffs Sara Rodriguez 18 || and Jacob Wyman Case No. 2:16-cv-02378-JCM-EJY 19 Stipulation and Order for Extension of Time for Defendant Smart to 20 Take Certain Depositions (Second Request) 21 aD ORDER 23 Based upon the Stipulation of the parties hereto, and with good cause appearing therefor, 94 || IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted. 5 DATED this 30th day of June, 2020. 26 27 UNITED STATES MAGISTRATE JUDGE 28