Wesco Insurance Company v. Smart Industries Corporation

D. Nevada

Wesco Insurance Company v. Smart Industries Corporation

District Court, D. Nevada·Decided January 13, 2021·No. 2:16-cv-01206·Unknown

Opinion

Nevada Bar No. 07254 2 E-Mail: Josh.Aicklen@lewisbrisbois.com PAUL A. SHPIRT 3 Nevada Bar No. 10441 E-Mail: Paul.Shpirt@lewisbrisbois.com 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 TEL: 702.893.3383 6 FAX: 702.893.3789 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 JENNIFER WYMAN, individually; BEAR CASE NO.: 2:16-cv-01206-JCM-EJY 13 WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; 14 JENNIFER WYMAN and VIVIAN SOOF, STIPULATION AND ORDER TO DISMISS as Joint Special Administrators of the WITH PREJUDICE 16 Plaintiffs, 17 vs. dba SMART INDUSTRIES CORP., MFG.; 19 HI-TECH SECURITY INC.; WILLIAM ROSEBERRY; BOULEVARD 20 VENTURES, LLC; SANSONE COMPANIES, LLC; DOES I through V; 21 and BUSINESS ENTITIES I through V, inclusive, 22 Defendants. 23 24 COME NOW, Plaintiffs JENNIFER WYMAN, individually; BEAR WYMAN, a minor, 25 by and through his natural parent JENNIFER WYMAN; and JENNIFER WYMAN and 26 VIVIAN SOOF, as Joint Special Administrators of the ESTATE OF CHARLES WYMAN, 27 by and through their counsel of record, Robert M. Adams, Esq. and Thomas N. Beckom, 1 and through its counsel of record, Josh Cole Aicklen, Esq. and Paul A. Shpirt, Esq. of 2 LEWIS BRISBOIS BISGAARD & SMITH LLP, and do hereby stipulate that the above- 3 titled action shall be dismissed with prejudice as to Defendant BOULEVARD 4 VENTURES, LLC only, each of the parties to bear their own attorneys’ fees and costs. 5 IT IS FURTHER STIPULATED AND AGREED that all pending pleadings, pending 6 trial of this matter, and any and all hearings as to Defendant BOULEVARD VENTURES, 7 LLC shall be vacated. 8 9 DATED this 7th day of January, 2021. Dated this 7th day of January, 2021. 10 41 EGLET ADAMS LEWIS BRISBOIS BISGAARD & SMITH LLP

12 Jul, 13 /s/Robert M. Adams Robert M. Adams, Esq. Josh Cole Aicklen, Esq. 14 Thomas N. Beckom, Esq. Paul A. Shpirt, Esq. 400 South 7" Street, Box 1, Suite 400 6385 S. Rainbow Blvd., Suite 600 15 Las Vegas, NV 89101 Las Vegas, NV 89118 Attorneys for Plaintiffs Jennifer Wyman, Attorneys for Defendant Boulevard 16 Bear Wyman, and the Estate of Charles Ventures, LLC Wyman 17 18 19 20 21 22 23 24 25 26 27 8

2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action as to Defendant BOULEVARD VENTURES, LLC only, shall be dismissed with 4 prejudice, each of the parties to bear their own attorneys’ fees and costs. 5 IT IS SO ORDERED. January 13, 2021. 6 NBA Ae C. Atala 7 GS. Slstrict Court Judge 8 9 10 44 Respectfully submitted, 13 14 15 JOSH COLE AICKLEN Nevada Bar No. 07254 16 PAUL A.SHPIRT 47 Nevada Bar No. 10441 6385 S. Rainbow Boulevard, Suite 600 18 Las Vegas, Nevada 89118 Tel. 702.893.3383 19 Attorneys for Defendant Boulevard Ventures, LLC 20 21 22 23 24 25 26 27 28

From: Scott Powell Sent: Wednesday, January 6, 2021 3:47 PM To: Abrante, Tina; Lanahan, Jennifer; Shpirt, Paul Cc: Bob Adams Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935 Follow Up Flag: Follow up Flag Status: Flagged Hello again, Robert Adams has authorized Paul Shpirt to use his e-signature to file the Stipulation and Order to Dismiss once we have the checks. Please let me know a time frame that we can send a runner to pick up the checks tomorrow if this is acceptable to Mr. Shpirt. Thank you, Scott Powell, Legal Assistant From: Abrante, Tina Sent: Wednesday, January 6, 2021 3:10 PM To: Scott Powell ; Lanahan, Jennifer ; Shpirt, Paul Cc: Bob Adams Subject: RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012- 4935 Yes, that is correct. Thank you for reminding me. Let me know if you will be sending someone or if you want me to mail the checks. Thank you. Tina M. Abrante Legal Assistant to Paul A. Shpirt, Mark J. Brown and Jennifer R. Lanahan Tina.Abrante@lewisbrisbois.com From: Scott Powell Sent: Wednesday, January 6, 2021 1:25 PM To: Abrante, Tina ; Lanahan, Jennifer ; Shpirt, Paul Cc: Bob Adams Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935

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Nevada Bar No. 07254 2 E-Mail: Josh.Aicklen@lewisbrisbois.com PAUL A. SHPIRT 3 Nevada Bar No. 10441 E-Mail: Paul.Shpirt@lewisbrisbois.com 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 TEL: 702.893.3383 6 FAX: 702.893.3789 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 JENNIFER WYMAN, individually; BEAR CASE NO.: 2:16-cv-01206-JCM-EJY 13 WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; 14 JENNIFER WYMAN and VIVIAN SOOF, STIPULATION AND ORDER TO DISMISS as Joint Special Administrators of the WITH PREJUDICE 16 Plaintiffs, 17 vs. dba SMART INDUSTRIES CORP., MFG.; 19 HI-TECH SECURITY INC.; WILLIAM ROSEBERRY; BOULEVARD 20 VENTURES, LLC; SANSONE COMPANIES, LLC; DOES I through V; 21 and BUSINESS ENTITIES I through V, inclusive, 22 Defendants. 23 24 COME NOW, Plaintiffs JENNIFER WYMAN, individually; BEAR WYMAN, a minor, 25 by and through his natural parent JENNIFER WYMAN; and JENNIFER WYMAN and 26 VIVIAN SOOF, as Joint Special Administrators of the ESTATE OF CHARLES WYMAN, 27 by and through their counsel of record, Robert M. Adams, Esq. and Thomas N. Beckom, 1 and through its counsel of record, Josh Cole Aicklen, Esq. and Paul A. Shpirt, Esq. of 2 LEWIS BRISBOIS BISGAARD & SMITH LLP, and do hereby stipulate that the above- 3 titled action shall be dismissed with prejudice as to Defendant BOULEVARD 4 VENTURES, LLC only, each of the parties to bear their own attorneys’ fees and costs. 5 IT IS FURTHER STIPULATED AND AGREED that all pending pleadings, pending 6 trial of this matter, and any and all hearings as to Defendant BOULEVARD VENTURES, 7 LLC shall be vacated. 8 9 DATED this 7th day of January, 2021. Dated this 7th day of January, 2021. 10 41 EGLET ADAMS LEWIS BRISBOIS BISGAARD & SMITH LLP

12 Jul, 13 /s/Robert M. Adams Robert M. Adams, Esq. Josh Cole Aicklen, Esq. 14 Thomas N. Beckom, Esq. Paul A. Shpirt, Esq. 400 South 7" Street, Box 1, Suite 400 6385 S. Rainbow Blvd., Suite 600 15 Las Vegas, NV 89101 Las Vegas, NV 89118 Attorneys for Plaintiffs Jennifer Wyman, Attorneys for Defendant Boulevard 16 Bear Wyman, and the Estate of Charles Ventures, LLC Wyman 17 18 19 20 21 22 23 24 25 26 27 8

2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action as to Defendant BOULEVARD VENTURES, LLC only, shall be dismissed with 4 prejudice, each of the parties to bear their own attorneys’ fees and costs. 5 IT IS SO ORDERED. January 13, 2021. 6 NBA Ae C. Atala 7 GS. Slstrict Court Judge 8 9 10 44 Respectfully submitted, 13 14 15 JOSH COLE AICKLEN Nevada Bar No. 07254 16 PAUL A.SHPIRT 47 Nevada Bar No. 10441 6385 S. Rainbow Boulevard, Suite 600 18 Las Vegas, Nevada 89118 Tel. 702.893.3383 19 Attorneys for Defendant Boulevard Ventures, LLC 20 21 22 23 24 25 26 27 28

From: Scott Powell Sent: Wednesday, January 6, 2021 3:47 PM To: Abrante, Tina; Lanahan, Jennifer; Shpirt, Paul Cc: Bob Adams Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935 Follow Up Flag: Follow up Flag Status: Flagged Hello again, Robert Adams has authorized Paul Shpirt to use his e-signature to file the Stipulation and Order to Dismiss once we have the checks. Please let me know a time frame that we can send a runner to pick up the checks tomorrow if this is acceptable to Mr. Shpirt. Thank you, Scott Powell, Legal Assistant From: Abrante, Tina Sent: Wednesday, January 6, 2021 3:10 PM To: Scott Powell ; Lanahan, Jennifer ; Shpirt, Paul Cc: Bob Adams Subject: RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012- 4935 Yes, that is correct. Thank you for reminding me. Let me know if you will be sending someone or if you want me to mail the checks. Thank you. Tina M. Abrante Legal Assistant to Paul A. Shpirt, Mark J. Brown and Jennifer R. Lanahan Tina.Abrante@lewisbrisbois.com From: Scott Powell Sent: Wednesday, January 6, 2021 1:25 PM To: Abrante, Tina ; Lanahan, Jennifer ; Shpirt, Paul Cc: Bob Adams Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935

Wesco Insurance Company v. Smart Industries Corporation, (D. Nev. 2021).

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