Wesco Insurance Company v. Smart Industries Corporation

Filing 300

ORDER Granting 299 Stipulation for extension of Time Re: 288 Motion in Limine, 289 Motion in Limine. Responses due by 10/22/2020. Signed by Judge James C. Mahan on 10/16/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 299 Filed 10/15/20 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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DISTRICT OF NEVADA

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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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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,

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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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627.67

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 IN
LIMINE NO.5 AND MOTION IN LIMINE
NO. 6

Case 2:16-cv-01206-JCM-EJY Document 299 Filed 10/15/20 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,

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Third-Party Defendants.

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On October 1, 2020, Plaintiffs’ filed their Motion in Limine No. 5 to Preclude any Argument
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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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that the Subject Arcade Machine Defect did not Exist When it Left Smart Industries Corporation’s
Possession (ECF No. 288) and their Motion in Limine No. 6 to Exclude Argument or Reference that
the Junction Box, Receptacle, and Other Component Parts Contained Therein Were Repaired and/or
Replaced as Such Argument Lacks Foundation (ECF No. 289). Responses to said motions are
currently due Oct. 15, 2020. Defendant Smart Industries has requested a one-week extension of time
to file its responses to Plaintiff’s Motions in Limine 5 and 6. Plaintiffs have agreed to Defendant
Smart Industries request, which would make the responses due on Oct. 22, 2020.

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

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Industries to file its responses to the Wyman Plaintiffs’ Motions in Limine Nos. 5 and 6, shall be

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extended by one week, or such other time as deemed appropriate by the Court. As such, the deadline

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for filing said responses shall be Oct. 22, 2020.

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

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

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his time caused by a recent move. Accordingly, should Plaintiffs need additional time to Reply to

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Defendant Smart Industries’ responsive pleadings, Defendant will not object to a one week extension

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of time for Plaintiffs’ to file their replies. This is the first request to extend the deadline for filing

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Defendant Smart Industries’ Responses to Plaintiffs’ Motion in Limine No. 5 to Preclude any

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Argument that the Subject Arcade Machine Defect did not Exist When it Left Smart Industries

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Corporation’s Possession (ECF No. 288) and Plaintiffs’ Motion in Limine No. 6 to Exclude Argument

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627.67

Case 2:16-cv-01206-JCM-EJY Document 299 Filed 10/15/20 Page 3 of 3

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or Reference that the Junction Box, Receptacle, and Other Component Parts Contained Therein Were

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Repaired and/or Replaced as Such Argument Lacks Foundation (ECF No. 289).

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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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Dated this _15th day of October, 2020,
BARRON & PRUITT, LLP

/s/ Joseph R. Meservy

Dated this _15th day of October, 2020,
EGLET ADAMS

/s/ James A. Trummell

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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

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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

Dated this _15th day of October, 2020,
CLIFF W. MARCEK, P.C.
_/s/ Cliff W. 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

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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 the deadline for filing Defendant

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Smart Industries’ Responses to Plaintiffs’ Motion in Limine No. 5 to Preclude any Argument that the

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Subject Arcade Machine Defect did not Exist When it Left Smart Industries Corporation’s Possession

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(ECF No. 288) and Plaintiffs’ Motion in Limine No. 6 to Exclude Argument or Reference that the

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Junction Box, Receptacle, and Other Component Parts Contained Therein Were Repaired and/or

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Replaced as Such Argument Lacks Foundation (ECF No. 289) is hereby Granted.

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October 16, 2020.
DATED this ____ day of October, 2020.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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627.67