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 RESPOND TO parent and guardian ad litem of JACOB WYMAN, PLAINTIFFS JENNIFER WYMAN, BEAR 22 WYMAN, AND THE ESTATE OF Plaintiffs, CHARLES WYMAN’S MOTION TO 23 WITHDRAW ALL NEGLIGENCE BASED vs. CLAIMS 24 SMART INDUSTRIES CORPORATION dba AND 25 SMART INDUSTRIES CORP., MFG, an Iowa Corporation; HI-TECH SECURITY INC, a STIPULATION AND ORDER FOR 26 Nevada Corporation; WILLIAM ROSEBERRY; EXTENSION OF TIME FOR BOULEVARD VENTURES, LLC, a Nevada DEFENDANT SMART INDUSTRIES 27 Corporation; DOES 1 through 10; BUSINESS CORPORATION’S TO FILE REPLY IN 1 Defendants. REGARDING SPECIAL DAMAGES AND HI-TECH SECURTY INC; and WILLIAM OPPOSITION TO PLAINTIFFS’ 2 ROSEBERRY, COUNTERMOTION FOR RECONSIDERATION OF THE COURT’S 3 Third-Party Plaintiffs, JULY 22, 2020 ORDER(ECF NO. 226) REGARDING SPECIAL DAMAGES 4 vs. 5 NICKELS AND DIMES INCORPORATED, 6 Third-Party Defendants. 7 8 On August 25, 2020, Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles 9 Wyman filed their Motion to Withdraw all Negligence Based Claims (ECF No. 270). Responses to 10 said motion are currently due Sept. 8, 2020. Counsel for the Wyman Plaintiff and Defendant Smart 11 Industries have agreed to a one week extension of time for Defendant Smart to file said response, 12 which would make the response due on Sept. 15, 2020. 13 On August 18, 2020, Defendant Smart Industries filed its Motion for Reconsideration of the 14 Court’s July 22, 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269). On Sept. 1, 15 2020, Plaintiff’s Jennifer Wyman, Bear Wyman and the Estate of Charles Wyman filed their 16 Opposition to Defendant Smart’s Motion for Reconsideration and their Countermotion for 17 Reconsideration (ECF No. 271). Responses to said motions are currently due Sept. 8, 2020. Counsel 18 for the Wyman Plaintiff and Defendant Smart Industries have agreed to a one week extension of time 19 for Defendant Smart to file its Reply in Support of its Motion for Reconsideration and Opposition to 20 Plaintiffs’ Countermotion response, which would make those due on Sept. 15, 2020. 21 With this Court’s approval, the parties hereby agree that the deadline for Smart Industries file 22 to above mentioned briefs, shall be extended by one week, or such other time as deemed appropriate 23 by the Court. As such, the deadline for filing said briefs shall be Sept. 15, 2020. The parties further 24 stipulate to a one-week extension to the deadlines for the Wyman Plaintiffs to reply to the 25 aforementioned briefs. 26 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This 27 stipulation will allow defense counsel additional time to balance certain work and family demands on 1 || for filing Defendant Smart Industries’ Opposition Plaintiffs Jennifer Wyman, Bear Wyman, and tl 9 || Estate of Charles Wyman’s Motion to Withdraw all Negligence Based Claims (ECF No. 270) and f 3 filing Defendant Smart’s Reply in Support of its Motion for Reconsideration of the Court’s July 2 4 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269) and Opposition to Plaintiff 5 Countermotion for Reconsideration (ECF No. 271). 6 Respectfully submitted, Dated this 8" day of September, 2020, Dated this 8™ day of September, 2020, 7 BARRON & PRUITT, LLP EGLET ADAMS 8 9 || /s/ Joseph Meservy _/s/ James A. Trummel DAVID BARRON, ESQ. TRACY A. EGLET, ESQ. 10 Nevada Bar No. 142 Nevada Bar No. 6419 JOSEPH R. MESERVY, ESQ. JAMES A. TRUMMELL, ESQ. 11 Nevada Bar No. 14088 Nevada Bar No. 14127 3890 West Ann Road BRITTNEY GLOVER, ESQ. 12 || North Las Vegas, Nevada 89031 Nevada Bar No. 15412 _ Attorneys for Defendant 400 South 7" Street, 4 Floor S43 || Smart Industries Corporation Las Vegas, Nevada 89101 a8 22 Attorneys for the Wyman Plaintiffs 14

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

17 IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted. Pp 18 || DATED September 10, 2020. 19 20 ws ©. Malan UNITED S¥ATES DISTRICT JUDGE 21 “ 22 23 24 25 26 27 28