Wesco Insurance Company v. Smart Industries Corporation

Filing 353

ORDER Granting 351 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 12/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 12/3/2021. (Copies have been distributed pursuant to the NEF - JQC)

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TRACY A. EGLET, ESQ.
Nevada Bar No.: 6419
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,
Plaintiff,

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vs.

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

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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 KATHRYN D. HARDESTY, 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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STIPULATION AND ORDER TO
EXTEND TIME TO FILE A JOINT
PRETRIAL ORDER
(Fifth Request)

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,
vs.
NICKELS AND DIMES INCORPORATED,
Third-Party Defendant.

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COMES NOW, Plaintiffs, JENNIFER WYMAN, BEAR WYMAN and THE ESTATE

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OF CHARLES WYMAN, by and through their attorneys of record, Tracy A. Eglet, Esq. and

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Brittney R. Glover, Esq. of EGLET ADAMS; Plaintiffs, SARA RODRIGUEZ parent and

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guardian of JACOB WYMAN, by and through their counsel of record, Cliff W. Marcek, Esq.

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and Thomas Schwartz, Esq.; SMART INDUSTRIES CORPORATION, by and through its

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attorney of record, William H. Pruitt, Esq. and Joseph R. Meservy, Esq. of BARRON & PRUITT;

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and WESCO INSURANCE COMPANY, by and through its attorney of record, Peter Duboswky,

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Esq. of DUBOWSKY LAW OFFICE, and hereby agree and stipulate to extend the time to file
the Joint Pretrial Order.
On September 16, 2021, the Honorable Judge James C. Mahan filed a Minute Order
stating the parties were to submit a Joint Pretrial Order in compliance with Local Rule 16-4
within 30 days. The Joint Pretrial Order was due October 18, 2021. The parties were granted
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four extensions until November 30, 2021, and have agreed to further extend the deadline until

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December 21, 2021 with this Court’s permission.

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The parties have conducted extensive discovery and there are many documents to review.

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In addition, there have been numerous depositions, written discovery and each side has disclosed

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expert witnesses. Due to the amount of potential evidence, the parties need another short

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extension to prepare and file the Joint Pretrial Order.
The parties are circulating drafts for the joint pretrial order and have made additional
progress since the last extension was granted. However, counsel for Smart tested positive for
Covid-19. Due to his symptoms and extensive recovery period, counsel for Smart was not able
to circulate the most recent draft of the joint pretrial order until the evening of November 29,
2021. Accordingly, the parties need additional time to review the most recent draft of the joint
pretrial order and collectively communicate in order to mutually agree on the language submitted
in the proposed joint pretrial order. In light of these circumstances, with this Court’s permission,
the parties have agreed to extend the deadline to December 21, 2021.
The parties above request that the court approve of this stipulation and order giving the
parties an additional time up to December 21, 2021 to submit the Joint Pretrial Order.

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DATED this 30th day of November, 2021.

DATED this 30th day of November, 2021.

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/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
Attorneys for Defendant
SMART INDUSTRIES CORPORATION

/s/ Cliff W. Marcek
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
Of JACOB WYMAN

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DATED this 30th day of November, 2021.

DATED this 30th day of November, 2021.

/s/ Brittney R. Glover
TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Attorneys for Plaintiffs
JENNIFER WYMAN, BEAR WYMAN; and
ESTATE OF CHARLES WYMAN

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

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IT IS SO ORDERED
_______________________________________
UNITED STATES MAGISTRATE JUDGE
Dated: December 3, 2021

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