Wesco Insurance Company v. Smart Industries Corporation

Filing 394

ORDER Granting 391 Stipulation for Extension of Time re 368 , 369 , and 370 Motion in Limine. Replies due by 5/25/2022. Signed by Judge James C. Mahan on 5/23/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-NJK Document 394
391 Filed 05/23/22
05/11/22 Page 1 of 3

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SAO
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-NJK
of its insured, NICKELS AND DIMES
INCORPORATED,

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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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STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
PLAINTIFFS’ REPLIES TO THEIR
MOTIONS IN LIMINE NO’s. 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.

Case 2:16-cv-01206-JCM-NJK Document 394
391 Filed 05/23/22
05/11/22 Page 2 of 3

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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.
NICKELS AND DIMES INCORPORATED,
Third-Party Defendant.

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On April 6, 2022, Wyman Plaintiffs filed their Motion in Limine No. 5 to Preclude Any

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

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Corporation’s Possession (ECF No. 368); Motion in Limine No. 6 to Exclude Argument or

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Reference that the Defective Junction Box Was Modified After it Left its Possession Due to Lack

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of Foundation (ECF No. 369); and Motion in Limine No. 7 to Exclude Charles Wyman’s

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Toxicology Report and Any Argument or Reference to His Alleged Drug Use (ECF No. 370).

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On April 20, 2022, Defendant Smart Industries Corporation filed a Stipulation and Order

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for an Extension of Time to file its Oppositions to Plaintiffs’ Motions in Limine until May 4,

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2022 (ECF Nos. 382). On May 4, 2022, Defendant Smart Industries Corporation filed its

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Oppositions to Plaintiffs’ Motions in Limine (ECF Nos. 385, 386, and 387). Wyman Plaintiffs’

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Replies to Defendant Smart Industries Corporation’s Oppositions to Wyman Plaintiffs’ Motions in

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Limine are currently due May 11, 2022. Wyman Plaintiffs have requested a two-week extension

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Case 2:16-cv-01206-JCM-NJK Document 394
391 Filed 05/23/22
05/11/22 Page 3 of 3

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of time to file their Replies in Support of their Motions in Limine. Defendant Smart has agreed

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to Wyman Plaintiffs’ request, which would make the replies due on May 25, 2022.

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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 May 4,

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2022, 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 two weeks, 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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May 25, 2022.

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Respectfully submitted by:

Approved as to Form and Content by:

DATED this 11th day of May, 2022.

DATED this 11th day of May, 2022.

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/s/ Brittney R. Glover, Esq. ________
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

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/s/ Joseph R. Meservy, Esq.
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

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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.
May___
23,day
2022.
DATED this
of May, 2022.
_____________________________________
UNITED STATES DISTRICT JUDGE

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