Wesco Insurance Company v. Smart Industries Corporation

Filing 237

ORDER Granting 236 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 3/23/2020. (Copies have been distributed pursuant to the NEF - JQC)

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DAVID BARRON, ESQ.
Nevada Bar No. 142
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
BARRON & PRUITT, LLP
3890 West Ann Road
North Las Vegas, Nevada 89031-4416
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant,
Smart Industries Corporation

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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*****
WESCO INSURANCE COMPANY as subrogee Case No.: 2:16-cv-01206-JCM-EJY
of its insured NICKELS AND DIMES
INCORPORATED,

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Plaintiff,

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vs.

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SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG., an Iowa
corporation,

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CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL

Defendants.

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627.67

DISTRICT OF NEVADA

JENNIFER WYMAN, individually; BEAR
WYMAN, a minor, by and through his natural
parent JENNIFER WYMAN; JENNIFER
WYMAN and VIVIAN SOOF, as Joint Special
Administrators of the ESTATE OF CHARLES
WYMAN; and SARA RODRIGUEZ natural
parent and guardian ad litem of JACOB WYMAN,
Plaintiffs,
vs.
SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG, an Iowa
Corporation; HI-TECH SECURITY INC, a
Nevada Corporation; WILLIAM ROSEBERRY;
BOULEVARD VENTURES, LLC, a Nevada
Corporation; DOES 1 through 10; BUSINESS
ENTITIES I through V; and ROE
CORPORATIONS 11 through 20, inclusive,
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Case No.: 2:16-cv-02378-JCM-EJY
STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT SMART TO TAKE
CERTAIN DEPOSITIONS (First Request)

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Defendants.
HI-TECH SECURTY INC; and WILLIAM
ROSEBERRY,
Third-Party Plaintiffs,

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vs.

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NICKELS AND DIMES INCORPORATED,
Third-Party Defendants.

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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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
purpose of allowing Smart Industries to depose Sara Rodriguez, 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 Fired
Department.” ECF No. 199 at 19. Accordingly, Smart Industries currently has until April 4, 2020 to
take any of the foregoing depositions.
Due to “the recent outbreak of the coronavirus disease 2019 (“COVID-19”) in the District of

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Nevada” (see Temporary General Order 2020-03), deponents have communicated to counsel for Smart

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Industries real concerns about participating in-person for a deposition at this time. Upon information

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and belief, others, including Jerry Andrews, have simply avoided communicating any availability.

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Additionally, Smart Industries is concerned that technology presently available may impede its ability

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to present deponents with detailed documents at deposition and elicit their testimony concerning the

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same.

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627.67

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With this Court’s approval, the parties hereby agree that the deadline for “Smart Industries to

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depose Sara Rodriguez, Samir Bangalore, M.D. as a fact witness, Jerry Andrews as a fact witness,

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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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 Fired Department” shall be extended by 60 days, or such other time as
deemed appropriate by the Court. As such, the deadline provided in ECF No. 199 at 19 for Smart
Industries to take the aforementioned depositions shall conclude 60 days from the date of this order.
This Stipulation is submitted in good faith and is not interposed for purposes of delay. This is
the first request to extend the discovery deadline for the sole purpose of allowing Smart Industries to
depose Sara Rodriguez, 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 Fired Department.

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Respectfully submitted,
Dated this 19th day of March, 2020,

Dated this 19th day of March, 2020,

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BARRON & PRUITT, LLP

EGLET ADAMS

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Dated this 19th day of March, 2020,

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CLIFF W. MARCEK, P.C.

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627.67

_ /s/ James Trummell_____
TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
JAMES A. TRUMMELL, ESQ.
Nevada Bar No. 14127
ASHLEY E. KABINS, ESQ.
Nevada Bar No. 15057
400 South 7th Street, 4th Floor
Las Vegas, Nevada 89101
Attorneys for the Wyman Plaintiffs

/s/ Joseph R. Meservy

DAVID BARRON, ESQ.
Nevada Bar No. 142
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
3890 West Ann Road
North Las Vegas, Nevada 89031
Attorneys for Defendant
Smart Industries Corporation

_ /s/ Cliff Marcek__________
CLIFF W. MARCEK, ESQ.
Nevada Bar No. 5061
536 East St. Louis Ave.
Las Vegas, Nevada 89104
Attorneys for Plaintiffs Sara Rodriguez
and Jacob Wyman
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Case No. 2:16-cv-02378-JCM-EJY
Stipulation and Order for Extension of
Time for Defendant Smart to
Take Certain Depositions (First Request)

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ORDER

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

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IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.

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DATED this 23rd day of March, 2020.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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627.67

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