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 TAKE parent and guardian ad litem of JACOB WYMAN, CERTAIN DEPOSITIONS (Fifth Request) 22 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 Corporation; DOES 1 through 10; BUSINESS 27 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 On February 19, 2020, this Court issued an Order (ECF No. 199) stating that “discovery is 9 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 11 Andrews as a fact witness, Lisa Gavin, as a fact witness, and Person Most Knowledgeable for the 12 Clark County Coroner/Medical Examiner, and the Person(s) Most Knowledgeable for Sunrise 13 Hospital, Affordable Cremation & Burial, and the Clark County Fire Department.” ECF No. 199 at 14 19. On March 23, 2020, this Court issued an Order (ECF No. 237) extending that period of time by 15 60 days. On April 20, 2020, this Court issued an Order (ECF No. 251) extending that period of time 16 by 30 days. On June 2, 2020, this Court issued an Order (ECF No. 261) extending that period of time 17 by 30 days. On June 30, 2020, this Court issued and Order (ECF No. 265) extending the period of 18 time to take the deposition of Lisa Gavin, MD through July 27, 2020. 19 Due to a change in the schedule of a family member’s medical procedure, counsel for Smart 20 Industries, Inc. needs to reschedule the deposition of Dr. Gavin. With this Court’s approval, the parties 21 hereby agree that the deadline for Smart Industries to depose Lisa Gavin, as a fact witness, shall be 22 extended by an additional 35 days, or such other time as deemed appropriate by the Court. As such, 23 the deadline provided for Smart Industries to take the deposition of Dr. Gavin shall conclude on 24 August 31, 2020. All other deposition previously allowed by the court have been completed. 25 /// 26 /// 27 /// 1 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This 2 the fifth request to extend the discovery deadline for the sole purpose of allowing Smart Industries 3 depose Lisa Gavin, as a fact witness. 4 Respectfully submitted, Dated this 24™ day of July, 2020, Dated this 28thday of July, 2020, 5 BARRON & PRUITT, LLP EGLET ADAMS 6 7 || _/s/ Joseph R. Meservy _/s/JamesTrummell DAVID 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 28thday of July, 2020, 13 CLIFF W. MARCEK, P.C. 14

15 || _/s/ Cliff Marcek CLIFF W. MARCEK, ESQ. 16 || Nevada Bar No. 5061 “EEE 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 22 ORDER 33 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 29th day of July, 2020. 26 27 UNITED|STAT GISTRATE JUDGE 28