Wesco Insurance Company v. Smart Industries Corporation

Filing 275

ORDER Granting 274 Stipulation for Extension of Time re 269 , 270 Motions (First Request). Responses/Replies due by 9/15/2020. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-01206-JCM-EJY Document 275 Filed 09/10/20 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,

Case No.: 2:16-cv-02378-JCM-EJY
STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT SMART TO RESPOND TO
PLAINTIFFS JENNIFER WYMAN, BEAR
WYMAN, AND THE ESTATE OF
CHARLES WYMAN’S MOTION TO
WITHDRAW ALL NEGLIGENCE BASED
CLAIMS
AND
STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT SMART INDUSTRIES
CORPORATION’S TO FILE REPLY IN
SUPPORT OF ITS MOTION FOR
RECONSIDERATION OF THE COURT’S

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Case 2:16-cv-01206-JCM-EJY Document 274 Filed 09/08/20 Page 2 of 3
275
09/10/20

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

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vs.

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JULY 22, 2202 ORDER (ECF NO. 266)
REGARDING SPECIAL DAMAGES AND
OPPOSITION TO PLAINTIFFS’
COUNTERMOTION FOR
RECONSIDERATION OF THE COURT’S
JULY 22, 2020 ORDER(ECF NO. 226)
REGARDING SPECIAL DAMAGES

NICKELS AND DIMES INCORPORATED,

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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 August 25, 2020, Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles
Wyman filed their Motion to Withdraw all Negligence Based Claims (ECF No. 270). Responses to
said motion are currently due Sept. 8, 2020. Counsel for the Wyman Plaintiff and Defendant Smart
Industries have agreed to a one week extension of time for Defendant Smart to file said response,
which would make the response due on Sept. 15, 2020.
On August 18, 2020, Defendant Smart Industries filed its Motion for Reconsideration of the
Court’s July 22, 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269). On Sept. 1,
2020, Plaintiff’s Jennifer Wyman, Bear Wyman and the Estate of Charles Wyman filed their

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Opposition to Defendant Smart’s Motion for Reconsideration and their Countermotion for

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Reconsideration (ECF No. 271). Responses to said motions are currently due Sept. 8, 2020. Counsel

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for the Wyman Plaintiff and Defendant Smart Industries have agreed to a one week extension of time

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for Defendant Smart to file its Reply in Support of its Motion for Reconsideration and Opposition to

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Plaintiffs’ Countermotion response, which would make those due on Sept. 15, 2020.

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

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to above mentioned briefs, shall be extended by one week, or such other time as deemed appropriate

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by the Court. As such, the deadline for filing said briefs shall be Sept. 15, 2020. The parties further

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stipulate to a one-week extension to the deadlines for the Wyman Plaintiffs to reply to the

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aforementioned briefs.

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stipulation will allow defense counsel additional time to balance certain work and family demands on

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627.67

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

his time, as his child undergoes special medical care. This is the first request to extend the deadline
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Case 2:16-cv-01206-JCM-EJY Document 275 Filed 09/10/20 Page 3 of 3

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for filing Defendant Smart Industries’ Opposition Plaintiffs Jennifer Wyman, Bear Wyman, and the

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Estate of Charles Wyman’s Motion to Withdraw all Negligence Based Claims (ECF No. 270) and for

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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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filing Defendant Smart’s Reply in Support of its Motion for Reconsideration of the Court’s July 22,
2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269) and Opposition to Plaintiffs’
Countermotion for Reconsideration (ECF No. 271).
Respectfully submitted,
Dated this _8th_ day of September, 2020,

Dated this _8th_ day of September, 2020,

BARRON & PRUITT, LLP

EGLET ADAMS

/s/ Joseph 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 A. Trummel

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TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
JAMES A. TRUMMELL, ESQ.
Nevada Bar No. 14127
BRITTNEY GLOVER, ESQ.
Nevada Bar No. 15412
400 South 7th Street, 4th Floor
Las Vegas, Nevada 89101
Attorneys for the Wyman Plaintiffs

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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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September of 2020.
DATED this ____ day10, September, 2020.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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627.67

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