Wesco Insurance Company v. Smart Industries Corporation

Filing 282

ORDER Granting 281 Stipulation for Extension of Time Re: 270 Motion. Replies due by 9/29/2020. Signed by Judge James C. Mahan on 9/23/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 281 Filed 09/22/20 Page 1 of 5

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SAO
TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
JAMES A. TRUMMELL, ESQ.
Nevada Bar No.: 14127
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South 7th Street, 4th Floor
Las Vegas, Nevada 89101
Email: [e-mail]
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiffs
Jennifer Wyman, Bear Wyman,
and the Estate of Charles Wyman

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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.
SMART INDUSTRIES CORPORATION d/b/a
SMART INDUSTRIES CORP, MFG, an Iowa
corporation,
Defendants.

STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
PLAINTIFFS TO FILE REPLIES TO
PLAINTIFFS’ MOTION TO
WITHDRAW ALL NEGLIGENCE
CLAIMS AND COUNTERMOTION
FOR RECONSIDERATION (First
Request)

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JENNIFER WYMAN, individually; BEAR CONSOLIDATED WITH
WYMAN, a minor, by and through his natural Case No. 2:16-cv-02378-JCM-CWH
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,

Case 2:16-cv-01206-JCM-EJY Document 281 Filed 09/22/20 Page 2 of 5

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vs.

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SMART INDUSTRIES CORPORATION, d/b/a
SMART INDUSTRIES CORP., MFG, an Iowa
corporation, HI-TECH SECURITY INC., a Nevada
corporation;
WILLIAM
ROSEBERRY;
BOULEVARD VENTURES, LLC, a Nevada
corporation; DOES I thought V; DOES 1 thought
10; BUSINESS ENTITIES I through V; and ROE
CORPORATIONS 11 through 20, inclusive,
Defendants.

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HI-TECH SECURITY, INC; and WILLIAM
ROSEBERRY,

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Third-Party Plaintiffs,

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vs.

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NICKELS AND DIMES INCORPORATED,

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Third-Party Defendant.

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On August 25, 2020, Wyman Plaintiffs’ filed their Motion to Withdraw All Negligence

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Based Claims (ECF No. 270). On September 8, 2020, Defendant Smart Industries Corporation

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filed a Stipulation and Order to extend its Opposition deadline until September 15, 2020 (ECF

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No. 274). Wyman Plaintiffs’ Reply to Defendant Smart Industries Corporation’s Conditional

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Opposition to Wyman Plaintiffs’ Motion to Withdraw All Negligence Based Claims (ECF No. 278)

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is currently due September 22, 2020. Counsel for Defendant Smart and Wyman Plaintiffs have

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agreed to a one-week extension of time for Wyman Plaintiffs to file their Reply in Support of

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their Motion, which would make the response due on September 29, 2020.

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On August 18, 2020, Defendant Smart Industries filed its Motion for Reconsideration of

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the Court’s July 22, 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269). On

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September 1, 2020, Wyman Plaintiffs filed their Opposition to Defendant Smart’s Motion for

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Case 2:16-cv-01206-JCM-EJY Document 281 Filed 09/22/20 Page 3 of 5

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Reconsideration and their Countermotion for Reconsideration (ECF No. 271). On September 8,

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2020, Defendant Smart Industries Corporation filed a Stipulation and Order to extend the

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deadline to its Reply in Support of its Motion for Reconsideration and Opposition to Wyman

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Plaintiffs’ Countermotion until September 15, 2020 (ECF No. 274). Wyman Plaintiffs’ Reply to

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Defendant Smart Industries Corporation’s Opposition to Wyman Plaintiffs’ Countermotion (ECF

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No. 277) is currently due September 22, 2020. Counsel for Defendant Smart and Wyman

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Plaintiffs have agreed that the Wyman Plaintiffs will file its Reply in Support of their

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Countermotion on September 29, 2020.

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

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Due to unexpected delays and having not received Defendant Smart’s Oppositions until

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September 15, 2020, with this Court’s approval, the parties hereby agree that that the deadline

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for Wyman Plaintiffs to file the above-mentioned briefs, shall be extended by one week, or such

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other time as deemed appropriate by the Court. As such, the deadline for filing said briefs shall

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be September 29, 2020.

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This is the first request to extend the deadline for filing Wyman Plaintiffs’ Replies in

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Support of their Motion to Withdraw All Negligence Claims and Countermotion for

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Reconsideration.

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Respectfully submitted by:

Approved as to Form and Content by:

DATED this 22nd day of September, 2020.

DATED this 22nd day of September, 2020.

/s/ Tracy A. Eglet, Esq. ________
TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
JAMES A. TRUMMELL, ESQ.
Nevada Bar No. 14127
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

/s/ Joseph R. Meservy, Esq._
DAVID BARRON, ESQ.
Nevada Bar No. 142
WILLIAM H. PRUITT, ESQ.
Nevada Bar No. 6783
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
BARRON & PRUITT, LLP
3890 West Ann Road
North Las Vegas, Nevada 89031
Attorneys for Defendant
Smart Industries Corporation

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Case 2:16-cv-01206-JCM-EJY Document 281 Filed 09/22/20 Page 4 of 5

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ORDER
Based upon the Stipulation of the parties hereto, and for good cause, IT IS HEREBY
ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.

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September 23, 2020.
DATED this ___ day of September, 2020.

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_____________________________________
UNITED STATES DISTRICT JUDGE

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Case 2:16-cv-01206-JCM-EJY Document 281 Filed 09/22/20 Page 5 of 5

From:
To:
Subject:
Date:
Attachments:

Brittney Glover
Kiera Buckley
FW: Wyman - SAO Extend Reply Deadline
Tuesday, September 22, 2020 10:58:44 AM
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20200922 SAOExtendDeadlines.docx

Good morning,
Can you please get this stipulation on file
From: Joseph R. Meservy <[e-mail]>
Sent: Tuesday, September 22, 2020 10:39 AM
To: Brittney Glover <bglover@egletlaw com>
Cc: Deborah Sagert <dsagert@lvnvlaw com>; MaryAnn Dillard <MDillard@lvnvlaw com>
Subject: RE: Wyman - SAO Extend Reply Deadline

Thanks for making the changes Brittney. You may affix my e-signature.
Joseph R. Meservy, Esq.

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Brittney R. Glover, Esq.
p: [phone]
w: www.egletlaw com
a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101

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