Wesco Insurance Company v. Smart Industries Corporation

Filing 346

ORDER Granting 345 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 11/8/2021. Signed by Judge James C. Mahan on 11/2/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 1 of 7

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2
3
4
5
6
7

ESQ
H. PRUITT,
WILLIAM
Nevada Bar No. 6783
ESQ.
R. MESERVY,
JOSEPH
Nevada Bar No. 14088
LLP
& PRUITT,
BARRON
3890 West Ann Road
Noith Las Vegas, Nevada 89031-4416
[phone]
Telephone:
[phone]
Facsimile:

BPruitt@,lviwlaw.con'i
JMeservy@)lvnvlaw.com
Attorneys for Defendant,
Email:
Email:
Smart

Industries

Corporation

8
ST ATES

UNITED

COURT

DISTRICT

9
DISTRICT

OF NEV ADA

10
11
12

oo"

INSURANCE
WESCO
of its insured NICKELS
INCORPORATED,

Case No.:

as subrogee
COMPANY
AND DIMES

CONSOLIDATED
DISCOVERY

Plaintiff,

13

CaseNo.:

VS.

CORPORATION
CORP., MFG.,

INDUSTRIES
SMART
INDUSTRIES
SMART
corporation,

\

21

EXTEND

(Second

23
VS.

26
27
28

dba
CORPORATION
INDUSTRIES
SMART
CORP., MFG, an Iowa
INDUSTRIES
SMART
rNC, a
SECURITY
Hl-TECH
Corporation;
ROSEBERRY;
WILLIAM
Nevada Corporation;
LLC, a Nevada
VENTURES,
BOULEVARD
DOES 1 through 10; BUSINESS
Corporation;
V; and ROE
I through
ENTITIES
11 through 20, inclusive,
CORPORATTONS
I

627 67

TIME
PRETRIAL

Plaintiffs,

25

2:16-cv-02378-JCM-EJY

STIPULATION
BEAR
individually;
WYMAN,
JENNIFER
a minor, by and through his natural
WYMAN,
JENNIFER
WYMAN;
parent JENNIFER
SOOF, as Joint Special
and VIVIAN
WYMAN
OF CHARLES
of the ESTATE
Administrators
natural
and SARA RODRIGUEZ
WYMAN;
WYMAN,
ad litem of JACOB
parent and guardian

22

24

OF

FOR PURPOSES
TRIAL

dba
an Iowa

18

20

AND

Defendants.

17

19

2:16-cv-01206-JCM-EJY

AND
TO

ORDER
FILE

ORDER
Request)

TO

A JOINT

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 2 of 7

Defendants.
HI-TECH
SECURTY
ROSEBERRY,

INC;

and WILLIAM

Third-Paity

NICKELS

AND

DIMES

Plaintiffs,

INCORPORATED,

Third-Party

COMES
by and through
Wyman,
Tracy

Bear
A.

through
.

13

their

Plaintiffs,

counsel

Wyman

Eglet,

Esq.

its attorney

PRUITT;
hereby

NOW,

and

of EGLET

RODRIGUEZ
Cliff

and the Estate

William

of Charles

H. Pruitt,

to extend

16, 2021,

OFFICE;

Smait

Esq. and Joseph

the Honorable

Judge

WYMAN,

Esq.;

attorney

Jennifer

of record,

Corporation,

by and

Esq. of BARRON

R. Meservy,

Pretrial

James

their

Industries

its attorney

to file the Joint

of JACOB
Schwartz,

by and through

by and through

the time

and guardian

Esq and Thomas

Wyman

LAW

Company

parent

W. Marcek,

ADAMS

Insurance

agree and stipulate
On September

SARA

of record,

of record

Wesco

Defendants.

AND

Peter

Duboswky,

Esq.

and

Order.

C. Mahan

filed

a Minute

Order

stating

'!'. ai Z

the paities

\

17

were

The

Pretrial

Order

1, 2021

and liave

Joint

November

to submit

The parties
addition,

was

now

have conducted

Pretrial

Due to the amount

Pretrial

Order

due October

there have been numerous

witnesses.
Joint

a Joint

agreed

18, 2021.

to extend

extensive
depositions,

of potential

in compliance

67

parties

tlie deadline

discovery
written

evidence,

Order.

Local
were

another

Rule

discovery

16-4 within

granted
week

and there are inany

the parties

2
627

The

with

30 days.

an extension

to November
documents

8, 2021.

to review.

and each side has disclosed

need more time

until

to prepare

In

expert

and file the

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 3 of 7

The parties are circulating
last extension
November

dra'fts for the joint pretrial order and have made progress since the

was granted, but it is unlikely

the Joint Pretrial Order will be completed by Monday,

1, 2021.

The parties above request that the court approve of this stipulation
an additional

DATED

week to submit the Joint Pretrial Order.

this 29th day of October,

2021.

DATED

CLIFF W. MARCEK,
ESQ.
Nevada Bar No. 5061
CLIFF
W. MARCEK,
p.c.
411 E. Bonneville
Ave.
Las Vegas,

Nevada

89101

Attorneys for Plaintiffs
SARA RODRIQUEZ,

parent

and guardian

this 29th day of October,

2021.

/s/ Brittney R. Glover
TRACY
A. EGLET, ESQ.
Nevada Bar No. 6419
BRITTNEY
R. GLOVER,
ESQ.
NevadaBarNo.
15412
ADAMS

400 South Seventh

Street, Suite 400

Las Vegas,

89101

Nevada

day of October,

2021.

Attorneys for Defendant
SMART

Of JACOB TVYMAN

EGLET

this 29th

/s/
Joseph R. Meservy
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

/s/ Cliff W Marcek

DATED

and order giving the parties

INDUSTRIES

DATED

CORPORATION

this 29th day of October,

2021.

/s/ Peter Dubowsky
PETER DUBOSWKY,
ESQ.
Nevada Bar No. 4972
AMANDA
VOGLER-HEATON,
ESQ.
NevadaBarNo.
13609
DUBOWSKY
LAW
OFFICE,
CHTD
300 South Fourth Street, Suite 1020
Las Vegas, Nevada 89101

Attorneys for WESCOINSURANCE CO.

Attorneys for Plaintifjfs
JENNIFER

WYMAN,

BEAR

WYMAN,-

and
ESTATE

OF CHARLES

WYMAN
IT IS SO ORDERED

UNITED

3
627 67

November 2, 2021.

ST ATES DISTRICT
JAMES C. MAHAN

JUDGE

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 4 of 7

Deb

Sapert
Glover

From:

Brittney

Sent:

Friday, October

<[e-mail]>
29, 2021 1 :35 PM

To:

Deb Sagert; [e-mail];

Cc:

Joseph

Subject:

Tracy Eglet; [e-mail]

RE: Wesco v. Smart, et al

You have my permission

to apply

Meservy

my e-signature.

you,

Thank
Brittney

From:
Sent:

Deb Sagert <[e-mail]>
Friday, October 29, 2021 1:21 PM

To: [e-mail];

Brittney

Glover

<[e-mail]>;

Tracy Eglet <[e-mail]>;

[e-mail]
Cc: Joseph Meservy <[e-mail]>
Wesco v. Smart, et al

Subject:

Good afternoon.

Please see the attached

you have any changes

Deborah

540

and also if it is acceptable

to extend

deadline

SagertiParalegal

0 2. 8 7 o. 3 g 4 o ) f 7 0 2. 8 7 o. 3 g 5 o
8 g o W est A n n R o a d
N o r t li L a s V e g a s N V 8 g o 3
N) 7

& Pruitt.
L A 1\

of the Joint

for us to apply your e-signature.

3

Barron

for filing

LLP

Y E R S

1

Pre-Trial

Thank you.

Order.

Let me know

if

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 5 of 7
Deb

Saqert

From:

Peter Dubowsky

Sent:

Friday, October

To:
Cc:

Deb Sagert; [e-mail];
Joseph Meservy

Subject:

RE: Wesco v. Smart, et al

<[e-mail]>
29, 2021 1 :43 PM
[e-mail];

[e-mail]

You may affix me e-signature.

Peter

Dubowsky,

DUBOWSKY
300 South
10th

Esq.

IAW
Fourth

OFFICE, CHTD.
Street

Floor- Suite 1020

Las Vezas, NV 89101
Ph. [phone]
Fx. [phone]
www.dubowskylaw.com

L)[JBOWSKY

LAW

Sent:

Friday,

October

OFFICE,

29, 2021 1:21

To: [e-mail];
Cc: Joseph Meservy
Subject:

Wesco v. Smart,

Good afternoon.

Deborah
harrciupruitt.coin

PM

b@[e-mail];

[e-mail];

540

and also if it is acceptable

to extend

deadline

for filing

of the Joint

for us to apply your e-signature.

SagertlParalegal
dsagcrt(ii4vnvlavv.cnin

87 0 .3 9 4 0 f 7 0 2 . 87 0 . 3 9 5 0
3 8 go W est A n n R o a d
Nortli
Las Ve as NV 89031

l)

[e-mail]

et al

Please see the attached

you have any changes

C....

7 0 2 .

1

Thank

Pre-Trial
you.

Order.

Let me know

if

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 6 of 7
Deb

Sagert

From:

Joseph

Meservy

Sent:

Friday,

To:

Deb Sagert

Subject:

FW: Wyman

Joseph R. Mesen7,

L A

29, 2021

v. Smart

3:50 PM

Industries

et al, JOINT

PRETRIAL

MEMO

Esq.

& Pruitt.

Barron

October

W

Y

E R

LLP

S

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 e-mail by hitting
reply or telephone (702) 87o-3g4o and promptly destroy the original transmission and its attachments.

From:

Joseph

Sent:

Friday,

Meservy
October

29, 2021 11:18

AM

To: 'Brittney Glover' <[e-mail]>;
Cliff Marcek <[e-mail]>
Cc: MaryAnn Dillard <[e-mail]>;
[e-mail];
[e-mail];
<[e-mail]>;
[e-mail]
Subject:

RE: Wyman

Thanks,

v. Smart

we will circulate

Industries

et al, JOINT

a stipulation

today

PRETRIAL

to extend

Kiera

Buckley

MEMO

the date

to submit

the Joint

Pretrial

Memo.

Sincerely,
Joseph

R. Meservy,

Esq.

& Pruitt,

Barron
L A

'bV

Y E R

LLP

S

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 e-mail by hitting
reply or telephone [phone] and promptly destroy the original transmission and its attachments.

From: Brittney Glover Jmailto:[e-mail]
Sent:

Friday,

October

29, 2021 11:00

AM

To: Cliff Marcek <[e-mail]>;
Joseph Meservy <[e-mail]>
Cc: MaryAnn Dillard <[e-mail]>;
dcoil@[e-mail];
[e-mail];
<[e-mail]>;
[e-mail]
Subject:

RE: Wyman

v. Smart

Industries

et al, JOINT

PRETRIAL

Kiera Buckley

MEMO

I do not have an objection.

From: Cliff Marcek <[e-mail]>
Sent:

Friday,

To: joseph

October
Meservy

29, 2021 10:59

AM

<[e-mail]>

Cc: Brittney Glover <[e-mail]>;

MaryAnn Dillard <[e-mail]>;

1

[e-mail];

Case 2:16-cv-01206-JCM-EJY Document 345 Filed 10/29/21 Page 7 of 7

[e-mail];
Subject:

Re: Wyman

v. Smart

Kiera Buckley <[e-mail]>;
Industries

et al, JOINT

PRETRIAL

[e-mail]
MEMO

I am not in the office today. If there
is an agreement to extend the date
to submit the JPO, I will agree.
Cliff W. Marcek
411

E. Bonneville

Las Vegas,
Telephone:
Facsimile:

Ave, Suite

NV 89101
(702)
(702)

366-7076
366-7078

390