Wesco Insurance Company v. Smart Industries Corporation

Filing 372

ORDER Granting 371 Motion Request for Exception from Personal Attendance at Settlement Conference. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 4/8/2022. (Copies have been distributed pursuant to the NEF - JQC)

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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
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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DISTRICT OF NEVADA
EJY
*****
WESCO INSURANCE COMPANY as subrogee Case No.: 2:16-cv-01206-JCM-CWH
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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Defendants.

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CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL

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,

Case No.: 2:16-cv-02378-RFB-GWF

DEFENDANT SMART INDUSTRIES
CORPORATION dba SMART
INDUSTRIES CORP., MFG.’S MOTION
FOR LEAVE TO APPEAR VIRTUALLY
AT SETTLEMENT CONFERENCE

Plaintiffs,

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vs.

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SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG.; HI-TECH
SECURITY INC; WILLIAM ROSEBERRY;
BOULEVARD VENTURES, LLC; SANSONE
COMPANIES, LLC; DOES I through V; and
BUSINESS ENTITIES I through V, inclusive,

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Defendants.

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646.01

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A Settlement Conference has been scheduled in the above referenced matter for Wednesday,
April 27, 2022 with Magistrate Judge Elayna J. Youchah. Pursuant to the Order Setting Settlement
Conference filed on February 28, 2022, any party desiring an exception from personally attending

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the settlement conference must submit a request, after consultation with opposing counsel, a least 7

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days before the settlement conference.

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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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Counsel for each of the plaintiffs (namely Peter Dubowsky for Plaintiff Wesco Ins. Co.,
Brittney Glover for Wyman Plaintiffs, and Cliff Marcek for Rodriguez Plaintiffs) have given defense
counsel their consent that both representatives for Defendant Smart Industries Corp. and its carrier
be permitted to appear remotely instead of in person. As Ms. Glover stated, “As long as the
individuals appearing have settlement authority, we do not have an issue with your client and carrier
appearing virtually for the upcoming settlement conference.” 1 And, this Court has already granted
leave for the representative for Defendant Smart Industries Corp.’s carrier to appear virtually. ECF
No. 367 (minute order dated 04/06/2022).
The president of Defendant Smart Industries, Jeff Smart, will be out of the country in Taiwan

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at the time of the settlement conference. Accordingly, the company’s vice president, Jeff DuPree

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intends to appear on behalf of Defendant Smart Industries. However, it would pose an unusual

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burden for Smart Industries to have both its president and vice president out of state simultaneously
for multiple days. Smart Industries is based in the State of Iowa. If Mr. DuPree were to travel to
Las Vegas, Nevada it would require that he be out of the office for multiple days.
Furthermore, upon information and belief, Mr. DuPree currently suffers from a fractured

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shoulder. Requiring him to travel to Las Vegas, Nevada would further require that he be estranged

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from his medical providers for that period, risk injury to his shoulder during the 5+ hrs. flights to

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and from Las Vegas, Nevada, and also expose him to the risks of COVID-19. Accordingly,

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appearing personally for the settlement conference would create an unusual burden.

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646.01

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See April 5, 2022 Email Correspondence attached as Exhibit A.
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Defendant respectfully requests that Mr. DuPree be allowed to attend the settlement
conference remotely via videoconference. That way, Mr. DuPree would be able to participate in
good faith, without concerns about risks associated with travel. Defendant also notes that the Court,

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counsel of record, and Mr. DuPree have all developed greater capability at videoconferencing in

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recent years owing to the pandemic.

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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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BARRON & PRUITT, LLP
/s/ Joseph Meservy
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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IT IS SO ORDERED.
IT IS FURTHER ORDERED that counsel for
Defendant Smart Industries must bring to the
settlement conference a computer with the
necessary programming or application to allow
counsel to connect with Smart Industries
representative and its insurer by video
conference for the entirety of the settlement
conference.

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_______________________________________
U.S. MAGISTRATE JUDGE
Dated: April 8, 2022

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646.01

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