Wesco Insurance Company v. Smart Industries Corporation

Filing 268

ORDER. IT IS ORDERED that 267 the Stipulation to Extend hereinabove is hereby Granted. Signed by Magistrate Judge Elayna J. Youchah on 7/29/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 268 Filed 07/29/20 Page 1 of 3

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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 (Fifth Request)

Case 2:16-cv-01206-JCM-EJY Document 268 Filed 07/29/20 Page 2 of 3

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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 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

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by 30 days. On June 2, 2020, this Court issued an Order (ECF No. 261) extending that period of time

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by 30 days. On June 30, 2020, this Court issued and Order (ECF No. 265) extending the period of

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time to take the deposition of Lisa Gavin, MD through July 27, 2020.

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Industries, Inc. needs to reschedule the deposition of Dr. Gavin. With this Court’s approval, the parties

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hereby agree that the deadline for Smart Industries to depose Lisa Gavin, as a fact witness, shall be

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extended by an additional 35 days, or such other time as deemed appropriate by the Court. As such,

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the deadline provided for Smart Industries to take the deposition of Dr. Gavin shall conclude on

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August 31, 2020. All other deposition previously allowed by the court have been completed.

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627.67

Due to a change in the schedule of a family member’s medical procedure, counsel for Smart

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Case 2:16-cv-01206-JCM-EJY Document 268 Filed 07/29/20 Page 3 of 3

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This Stipulation is submitted in good faith and is not interposed for purposes of delay. This is

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the fifth request to extend the discovery deadline for the sole purpose of allowing Smart Industries to

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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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depose Lisa Gavin, as a fact witness.
Respectfully submitted,
Dated this 24th day of July, 2020,

Dated this ____ day of July, 2020,
28th

BARRON & PRUITT, LLP

EGLET ADAMS

/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/ James Trummell
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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

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28th
Dated this ____ day of July, 2020,
CLIFF W. MARCEK, P.C.
_/s/ Cliff Marcek
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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

Case No. 2:16-cv-02378-JCM-EJY
Stipulation and Order for Extension of
Time for Defendant Smart to
Take Certain Depositions
(Second Request)

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ORDER

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627.67

Based upon the Stipulation of the parties hereto, and with good cause appearing therefor,
IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.
DATED this 29th day of July, 2020.
_______________________________________
UNITED STATES MAGISTRATE JUDGE
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