Wesco Insurance Company v. Smart Industries Corporation

Filing 309

ORDER Granting 308 Stipulation for Extension of Time Re: 288 , 289 , 294 Motion in Limine. Replies due by 11/5/2020. Signed by Judge James C. Mahan on 10/30/2020. (Copies have been distributed pursuant to the NEF - JQC)

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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,

STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
PLAINTIFFS’ REPLIES TO THEIR
MOTIONS IN LIMINE NOS. 5, 6,
AND 7 (First Request)

Defendants.

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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,

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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 October 1, 2020, Wyman Plaintiffs filed their Motion in Limine No. 5 to Preclude

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Any Argument that the Subject Arcade Machine Defect Did Not Exist When it Left Smart

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

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Argument or Reference that the Junction Box, Receptable, and Other Component Parts

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Contained Therein Were Repaired and/or Replaced as Such Argument Lacks Foundation (ECF

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No. 289). On October 6, 2020, Wyman Plaintiffs filed their Motion in Limine No. 7 to Exclude

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Charles Wyman’s Toxicology Report and Any Argument or Reference to his Alleged Drug Use

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(ECF No. 294). On October 15, 2020 and October 20, 2020, Defendant Smart Industries

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Corporation filed two separate Stipulation and Orders for an Extension of Time to file its

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Oppositions to Plaintiffs’ Motions in Limine until October 22, 2020 (ECF Nos. 299 and 301).

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On October 22, 2020, Defendant Smart Industries Corporation filed its Oppositions to Plaintiffs’

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Motions in Limine (ECF Nos. 303, 305, and 306). Wyman Plaintiffs’ Replies to Defendant Smart

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Industries Corporation’s Oppositions to Wyman Plaintiffs’ Motions in Limine are currently due

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October 29, 2020. Wyman Plaintiffs have requested a one-week extension of time to file their

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Replies in Support of their Motions in Limine. Defendant Smart has agreed to Wyman Plaintiffs’

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request, which would make the replies due on November 5, 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 October

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22, 2020, with this Court’s approval, the parties hereby agree that that the deadline for Wyman

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

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

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November 5, 2020.

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Respectfully submitted by:

Approved as to Form and Content by:

DATED this 29th day of October, 2020.

DATED this 29th day of October, 2020.

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/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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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.
October 30, 2020.
DATED this ___ day of October, 2020.

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_____________________________________
UNITED STATES DISTRICT JUDGE

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Case 2:16-cv-01206-JCM-EJY Document 308 Filed 10/29/20 Page 4 of 5
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From:
To:
Cc:
Subject:
Date:
Attachments:

Joseph R. Meservy
Brittney Glover
MaryAnn Dillard; James Trummell; Kiera Buckley
RE: Wyman, et. al. v Smart Industries - Extension to File Replies
Thursday, October 29, 2020 9:21:47 AM
image001 png
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You are welcome. Thanks for the edit, you may affix my e-signature.
Sincerely,

Joseph R. Meservy, Esq.

This transmission and any attached files are privileged, confidential or otherwise the exclusive property of the intended recipient or the law firm of Barron & Pruitt, LLP. If you are not the intended recipient, any
disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately by email by hitting reply or telephone [phone] and promptly destroy the original transmission and its attachments.

From: Brittney Glover [mailto:[e-mail]]
Sent: Thursday, October 29, 2020 6:00 AM
To: Joseph R. Meservy <[e-mail]>
Cc: MaryAnn Dillard <[e-mail]>; James Trummell <[e-mail]>; Kiera Buckley <[e-mail]>
Subject: RE: Wyman, et. al. v Smart Industries - Extension to File Replies
Joseph,
Your requested change has been made.
Thank you,
Brittney
From: Joseph R. Meservy <[e-mail]>
Sent: Wednesday, October 28, 2020 5:49 PM
To: Brittney Glover <bglover@egletlaw com>
Cc: MaryAnn Dillard <[e-mail]>; James Trummell <[e-mail]>; Kiera Buckley <[e-mail]>
Subject: RE: Wyman, et. al. v Smart Industries - Extension to File Replies

Hi Brittney:

With that change you may affix my e-signature.
Sincerely,
Joseph R. Meservy, Esq.

This transmission and any attached files are privileged, confidential or otherwise the exclusive property of the intended recipient or the law firm of Barron & Pruitt, LLP. If you are not the intended recipient, any
disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately by email by hitting reply or telephone [phone] and promptly destroy the original transmission and its attachments.

From: Brittney Glover [mailto:[e-mail]]
Sent: Wednesday, October 28, 2020 3 04 PM
To: Joseph R. Meservy <[e-mail]>
Cc: MaryAnn Dillard <[e-mail]>; James Trummell <[e-mail]>; Kiera Buckley <[e-mail]>
Subject: Wyman, et. al. v Smart Industries - Extension to File Replies
Hi Counsel,

Thank you,

Brittney R. Glover, Esq.
p: [phone]
w: www.egletlaw.com

Case 2:16-cv-01206-JCM-EJY Document 308 Filed 10/29/20 Page 5 of 5
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a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101

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