Wesco Insurance Company v. Smart Industries Corporation

Filing 431

ORDER Granting 430 Stipulation for Extension of Time re 415 Motion. Replies due by 9/2/2022. Signed by Judge James C. Mahan on 8/26/2022. (Copies have been distributed pursuant to the NEF - JQC)

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SAO
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
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,
vs.
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’ REPLY IN SUPPORT
OF THEIR MOTION TO PREINSTRUCT THE JURY ON
PRODUCT LIABILITY LAW

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.

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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 August 1, 2022, the Wyman Plaintiffs filed a Motion to Pre-Instruct The Jury on Strict

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Product Liability Law. ECF No. 415. On August 15, 2022, Defendant Smart Industries

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Corporation (hereinafter “Defendant”) filed a Stipulation and Order to Extend Time to Respond

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to Plaintiff’s Motion to Pre-Instruct the Jury on Strict Product Liability Law. ECF No. 426. On

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August 17, 2022, this Court granted Defendant’s request for an extension up to and including

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August 19, 2022. ECF No. 427. On August 19, 2022, Defendant filed its Opposition to Plaintiffs’

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Motion to Pre-Instruct The Jury on Product Liability Law. ECF No. 429.

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The Wyman Plaintiffs’ Reply in Support of their Motion is currently due on August 26,

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2022. Due to unexpected delays with other work related matters, the Wyman Plaintiffs have

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requested an extension up to and including September 2, 2022 to file their Reply. Defendant’s

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counsel has agreed to the Wyman Plaintiffs’ request pending approval from this Court.

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This Stipulation is submitted in good faith, is not interposed for purposes of delay, and

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will not prejudice this Court or any party as the trial date in this matter has been continued to
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se 2:16-cv-01206-JCM-NJK Document 430

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February 27, 2023. Due to unexpected delays with other work related matters which have

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interfered with the Wyman Plaintiffs' counsel's ability to meet the current deadline in this matter,

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with this Court's approval, the parties hereby agree that that the deadline for the Wyman

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Plaintiffs to file their Reply in Support of their Motion to Pre-fustruct the Jmy on Product

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Liability Law shall be extended until September 2, 2022, or such other time as deemed

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appropriate by the Court. As such, the deadline for filing said Reply shall be September 2, 2022.

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V'.)

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Respectfully submitted by:

Approved as to F01m and Content by:

DATED this 25th day of August, 2022.

DATED this 25th day of August, 2022.

Isl Brittney R. Glover. Esq.
ROBERT T. EGLET, ESQ.
Nevada Bar No. 3402
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

Isl 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
ORDER

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Filed 08/25/22 Page 3 of 3

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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.
DATED August 26, 2022.
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c...DISTRICT JUDGE

� STATES

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