Wesco Insurance Company v. Smart Industries Corporation
Filing
425
ORDER Granting 423 Stipulation to Continue. Calendar Call set for 2/22/2023 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 2/27/2023 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 8/15/2022. (Copies have been distributed pursuant to the NEF - JQC)
Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 1 of 12
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ROBERT T. EGLET, ESQ.
Nevada Bar No. 3402
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South 7th Street, 4th Floor
Las Vegas, Nevada 89101
Telephone: (702) 450-5400
Facsimile: (702) 450-5451
Email: eservice@egletlaw.com
- and THEODORE PARKER, III, ESQ.
Nevada Bar No. 4716
PARKER, NELSON & ASSOCIATES, CHTD.
2460 Professional Court, Suite 200
Las Vegas, NV 89128
Telephone: 702-868-8000
Fax: 702-868-8001
E-Mail: tparker@pnalaw.net
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,
STIPULATION AND ORDER TO
CONTINUE TRIAL (Second Request)
vs.
SMART INDUSTRIES CORPORATION d/b/a
SMART INDUSTRIES CORP, MFG, an Iowa
corporation,
Defendants.
Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 2 of 12
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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.
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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,
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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.
STIPULATION AND ORDER TO CONTINUE TRIAL (Second Request)
COMES NOW, JENNIFER WYMAN, BEAR WYMAN, and THE ESTATE OF
CHARLES WYMAN (hereinafter the “Plaintiffs”) by and through their attorneys of record,
Robert T. Eglet, Esq. and Brittney R. Glover, Esq., of the law firm of EGLET ADAMS and
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Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 3 of 12
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Theodore Parker, III, Esq. of PARKER, NELSON & ASSOCIATES, CHTD; Plaintiffs, SARA
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RODRIGUEZ parent and guardian of JACOB WYMAN, by and through their counsel of record,
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Cliff W. Marcek, Esq. and Thomas Schwartz, Esq.; SMART INDUSTRIES CORPORATION,
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by and through its attorney of record, William H. Pruitt, Esq. and Joseph R. Meservy, Esq. of
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BARRON & PRUITT; and WESCO INSURANCE COMPANY, by and through its attorney of
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record, Peter Dubowsky, Esq. of DUBOWSKY LAW OFFICE, and hereby agree and stipulate
to continue the September 12, 2022 trial date in this matter to this Court’s February 27, 2023
trial stack due to the unavailability of Plaintiffs’ liability expert, E.P. Hamilton, III, Ph.D., P.E.
On January 19, 2022, the parties submitted their Joint Pretrial Order. See ECF No. 358.
On February 3, 2022, this Court granted the parties Joint Pretrial Order and set this case for jury
trial on the stacked calendar on September 12, 2022. See ECF No. 361. The Calendar Call in this
matter is set to be held on September 7, 2022 at 1:30 p.m. Id.
The parties respectfully request that the September 12, 2022 trial date in this matter be
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continued to this Court’s February 27, 2023 trial stack. The Wyman Plaintiffs recently discovered
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that their liability expert, E.P. Hamilton, III, Ph.D., P.E., will not be available until September
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19, 2022 to meet with Plaintiffs’ counsel. See Affidavit of Deborah R. Black, attached as Exhibit
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“1.” As such, Dr. Hamilton will be unavailable to testify at the September 12, 2022 trial. Id.
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Moreover, as this trial is anticipated to last twenty-one (21) days, the September 12, 2022 trial
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stack conflicts with counsel for Wesco, Peter Dubowsky’s, Jewish holidays, which begin on
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September 23, 2022.
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In the interests of fairness and justice and for good cause shown, the parties request a
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continuance of the September 12, 2022 trial date until this Court’s February 27, 2023 trial stack.
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This request is not made for the purposes of undue delay and is brought in good faith. In light of
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the foregoing, and in an attempt to avoid prejudicing all parties involved, the parties hereby
stipulate to continue the trial date in this matter from September 12, 2022 to this Court’s February
27, 2023 trial stack. The parties further respectfully request that the motion in limine deadline be
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extended in accordance with the new trial date pursuant to LR 16-3.
Respectfully submitted by:
Approved as to Form and Content by:
DATED this 12th day of August, 2022.
DATED this 12th day of August, 2022.
/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
JENNIFER WYMAN, BEAR WYMAN; and
ESTATE OF CHARLES WYMAN
/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
DATED this 12th day of August, 2022.
DATED this 12th day of August, 2022.
/s/ Cliff W. Marcek, Esq.
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/ Peter Dubowsky, Esq.
PETER DUBOSWKY, ESQ.
Nevada Bar No. 4972
DUBOWSKY LAW OFFICE, CHTD
300 South Fourth Street, Suite 1020
Las Vegas, Nevada 89101
Attorneys for WESCO INSURANCE CO.
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Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 5 of 12
ORDER
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Based upon the Stipulation of the parties hereto, and for good cause, IT IS HEREBY
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ORDERED, that the trial date in this matter is continued from September 12, 2022 to February
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27, 2023, at 9:00 a.m. The Calendar call currently set for September 7, 2022, is continued to
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February 22, 2023 at 1 :30 p.m.
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IT IS FURTHER ORDERED that the motion in limine deadline is extended in
accordance with the new trial date pursuant to LR 16-3.
DATED August 15, 2022.
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V'.)
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EDSTATEs c..
DISTRICT
JUDGE
)-u,J,1a.v._
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Case 2:16-cv-01206-JCM-NJK Document 425
423 Filed 08/15/22
08/12/22 Page 6 of 12
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From:
To:
Cc:
Subject:
Date:
Attachments:
Peter Dubowsky
Brittney Glover
Joseph R. Meservy; Cliff Marcek; Bianca Marx
Re: Wyman, et. al. v. Smart - SAO Continue Trial
Friday, August 12, 2022 12:05:20 PM
uc.png
You may affix my signature.
Peter Dubowsky, Esq.
DUBOWSKY LAW OFFICE, CHTD.
300 South Fourth Street
10th Floor- Suite 1020
Las Vegas, NV 89101
Ph. (702) 360.3500
Fx. (702) 360.3515
www.dubowskylaw.com
On Aug 12, 2022, at 11:59 AM, Brittney Glover wrote:
Case 2:16-cv-01206-JCM-NJK Document 425
423 Filed 08/15/22
08/12/22 Page 7 of 12
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From:
To:
Cc:
Subject:
Date:
Attachments:
Cliff Marcek
Brittney Glover; Joseph Meservy; Peter Dubowsky
Bianca Marx
RE: Wyman, et. al. v. Smart - SAO Continue Trial
Friday, August 12, 2022 12:43:30 PM
image009 png
image010.png
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You can affix my signature.
CLIFF W. MARCEK, P.C.
411 E. Bonneville, Suite 390
Las Vegas, NV 89101
Telephone: (702) 366-7076
Facsimile: (702) 366-7078
Email:
cwmarcek@marceklaw.com (Firm)
Board Certified Personal Injury Law Specialist
American Association of Jus ice
Past President – Nevada Justice Associa ion
Million Dollar Advocates Forum
The National Trial Lawyers Top 100 Trial Lawyers (2008,2014)
The American Society of Legal Advocates
Keenan Trial Institute
DO NOT read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication contains confidential and/or privileged information intended only for the addressee. If you have
received this communication in error, please call us (collect) immediately at (702) 366-7076 and ask to speak to the sender of the communication. Also, please e-mail the sender and notify the sender immediately that you
have received the communication in error
From: Brittney Glover
Sent: Friday, August 12, 2022 12:00 PM
To: Joseph Meservy ; Peter Dubowsky ; Cliff Marcek
Cc: Bianca Marx
Subject: Wyman, et. al. v. Smart - SAO Continue Trial
Counsel,
It is my understanding that all parties have agreed to request a continuance of the trial date in this matter. Please find attached the SAO to Continue the September 12, 2022
trial date until the February 27, 2023 trial stack. Please review for form and content and let me know if you have any changes, or if we may affix your e-signature and submit to
Chambers.
Thank you.
Brittney R Glover, Esq
p: (702) 450-5400
w: www.egletlaw.com
a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101
This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the
solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the
intended recipient is prohibited. If you have received this transmission in error, please immediately reply to the sender and delete this
information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized
and may be unlawful.
Case 2:16-cv-01206-JCM-NJK Document 425
423 Filed 08/15/22
08/12/22 Page 8 of 12
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From:
To:
Cc:
Subject:
Date:
Attachments:
Brittney Glover
Joseph Meservy; Cliff Marcek; Peter Dubowsky
Bianca Marx
RE: Wyman, et. al. v. Smart - SAO Continue Trial
Friday, August 12, 2022 3:08:00 PM
WYMAN 20220812 SAO Continue Trial docx
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Brittney R Glover, Esq
p: (702) 450-5400
w: www.egletlaw.com
a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101
This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the
solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the
intended recipient is prohibited. If you have received this transmission in error, please immediately reply to the sender and delete this
information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized
and may be unlawful.
From: Joseph Meservy
Sent: Friday, August 12, 2022 2:59 PM
To: Cliff Marcek ; Brittney Glover ; Peter Dubowsky
Cc: Bianca Marx
Subject: RE: Wyman, et. al. v. Smart - SAO Continue Trial
With my minor proposed edits, you may affix my e-signature and submit.
Sincerely,
Joseph R. Meservy, Esq.
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 email by hitting reply or telephone (702) 870-3940 and promptly destroy the original transmission and its attachments.
From: Joseph Meservy
Sent: Friday, August 12, 2022 2:15 PM
To: 'Cliff Marcek' ; Brittney Glover ; Peter Dubowsky
Cc: Bianca Marx
Subject: RE: Wyman, et. al. v. Smart - SAO Continue Trial
Hi All,
I have a couple very minor edits to suggest and am just waiting on Bill (who is in trial) to confirm that the date proposed works for us. I hope to have
that answer by tonight.
The edits: (1) Please substitute WILLIAM H. PRUITT, ESQ. (Bar No. 6783) for David Barron, Esq. in the signature block; (2) I believe Amanda
Vogler-Heaton, Esq. is no longer with Dubowsky Law Office, Chtd., right? If so, probably best to remove her from the signature block as well.; (3) On
page 3:19-20, there length of trial is listed as “up to three weeks” but we informed the Court trial would be “21 days” in the Joint Pretrial Order, and I
would prefer using that language.
Sincerely,
Joseph R. Meservy, Esq.
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 email by hitting reply or telephone (702) 870-3940 and promptly destroy the original transmission and its attachments.
From: Cliff Marcek [mailto cwmarcek@marceklaw.com]
Sent: Friday, August 12, 2022 12:43 PM
To: Brittney Glover ; Joseph Meservy ; Peter Dubowsky
Cc: Bianca Marx
Case 2:16-cv-01206-JCM-NJK Document 425
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Exhibit “1”
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Case
Case 2:16-cv-01206-JCM-NJK
2:16-cv-01206-JCM-NJK Document
Document 425
423-1Filed
Filed
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WESCO INSURANCE COMPANY
vs. SMART INDUSTRIES CORPORATION
(U.S. District Court Case No. Case No. 2:16-cv-01206-JCM-NJK)
PLAINTIFFS JENNIFER WYMAN,
BEAR WYMAN, AND THE ESTATE OF
CHARLES WYMAN’S STIPULATION AND
ORDER TO CONTINUE TRIAL
EXHIBIT 1
AFFIDAVIT
Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 12 of 12
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