Wesco Insurance Company v. Smart Industries Corporation

Filing 302

ORDER granting ECF No. 301 Stipulation : Response to ECF No. 294 Motion in Limine No. 7 due by 10/22/2020. Signed by Judge James C. Mahan on 10/21/2020. (Copies have been distributed pursuant to the NEF - DRM)

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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. 7

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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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On October 6, 2020, Plaintiffs’ filed their Motion in Limine No. 7 to Exclude Charles
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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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Wyman’s Toxicology Report and any Argument or Reference to his Alleged Drug Use (ECF No. 294).
The response to said motion is currently due Oct. 20, 2020. Defendant Smart Industries has requested
a two-day extension of time to file its response to Plaintiff’s Motion in Limine No. 7. Plaintiffs have
agreed to Defendant Smart Industries request, which would make the response due on Oct. 22, 2020.

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With this Court’s approval, the parties hereby agree that the deadline for Defendant Smart
Industries to file its response to the Wyman Plaintiffs’ Motion in Limine No. 7, shall be extended by
two days, or such other time as deemed appropriate by the Court. As such, the deadline for filing said

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response shall be Oct. 22, 2020 and coincide with the deadline for responses to the Wyman Plaintiffs’

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Motions in Limines Nos. 5 and 6.

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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 pleading, Defendant will not object to a short extension of

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

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627.67

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Defendant Smart Industries’ Responses to Plaintiffs’ Motion in Limine No. 7 to Exclude Charles

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Wyman’s Toxicology Report and any Argument or Reference to his Alleged Drug Use (ECF No. 294).

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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 _20th day of October, 2020,
BARRON & PRUITT, LLP

/s/ Joseph R. Meservy

Dated this _20th 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 _20th 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. 7 to Exclude Charles Wyman’s

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Toxicology Report and any Argument or Reference to his Alleged Drug Use (ECF No. 294) is hereby

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Granted.

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October 21, 2020.
DATED this ____ day of October, 2020.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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627.67