Wesco Insurance Company v. Smart Industries Corporation

Filing 355

ORDER Granting 354 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 1/12/2022. Signed by Magistrate Judge Elayna J. Youchah on 12/22/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 355 Filed 12/22/21 Page 1 of 3

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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 89031-4416
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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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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CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL

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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Case No.: 2:16-cv-02378-JCM-EJY

Defendants.

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627.67

DISTRICT OF NEVADA

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,
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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STIPULATION AND ORDER TO
EXTEND TIME TO FILE A JOINT
PRETRIAL ORDER
(Sixth Request)

Case 2:16-cv-01206-JCM-EJY Document 355 Filed 12/22/21 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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by and through their counsel of record, Cliff W. Marcek, Esq and Thomas Schwartz, Esq.; Jennifer

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Wyman, Bear Wyman and the Estate of Charles Wyman by and through their attorney of record,

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

COMES NOW, Plaintiffs, SARA RODRIGUEZ parent and guardian of JACOB WYMAN,

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BARRON & PRUITT, LLP

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Tracy A. Eglet, Esq. and Brittney R. Glover, Esq. of EGLET ADAMS LAW OFFICE; Smart

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Industries Corporation, by and through its attorney of record William H. Pruitt, Esq. and Joseph R.

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Meservy, Esq. of BARRON & PRUITT; and Wesco Insurance Company by and through its attorney

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Peter Duboswky, Esq. of DUBOWSKY LAW OFFICE and hereby agree and stipulate to extend the

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time to file the Joint Pretrial Order.

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On September 16, 2021, the Honorable Judge James C. Mahan filed a Minute Order stating

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the parties were to submit a Joint Pretrial Order in compliance with Local Rule 16-4 within 30 days.

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627.67

The Joint Pretrial Order was due October 18, 2021. The parties were granted three extensions until
November 12, 2021, and had agreed to further extend the deadline until November 30, 2021 and then
to December 21, 2021.
The parties have conducted extensive discovery and there are many documents to review. In
addition, there have been numerous depositions, written discovery and each side has disclosed expert
witnesses. Due to the amount of potential evidence, the parties need another short 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, but it is unlikely the Joint Pretrial Order will be completed by
December 21, 2021. Counsel for the Wyman Plaintiffs circulated a new draft of the Joint Pretrial
Order on Friday, December 17, 2021. Additionally, the family of lead trial counsel for Smart has
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Case 2:16-cv-01206-JCM-EJY Document 355 Filed 12/22/21 Page 3 of 3

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tested positive for COVID-19 and the Christmas and New Year holiday is upon us—further disrupting

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the time available for counsel to review and revise the latest draft of the Joint Pretrial Order.

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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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Accordingly, the parties have agreed to extend the deadline to January 12, 2022 to enable counsel to
spend time with their families.
The parties above request that the court approve of this stipulation and order giving the parties
an additional time up to January 12, 2022 to submit the Joint Pretrial Order.

DATED this 21st day of December, 2021.

DATED this 21st day of December, 2021.

/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

/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

DATED this 21st day of December, 2021.

DATED this 21st day of December, 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

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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627.67

Dated: December 22, 2021
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