Wesco Insurance Company v. Smart Industries Corporation

Filing 456

ORDER Granting 455 Stipulation re Motions in Limine. See Order for Details. Signed by Judge James C. Mahan on 1/30/2023. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-NJK Document 456 Filed 01/30/23 Page 1 of 4

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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]
Attorneys for Defendant,
Smart Industries Corporation

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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,
Plaintiff,
vs.
SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG., an Iowa
corporation,
Defendants.

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Case No.: 2:16-cv-02378-JCM-EJY
JENNIFER WYMAN, individually; BEAR
WYMAN, a minor, by and through his natural
parent JENNIFER WYMAN; JENNIFER
STIPULATION AND ORDER
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 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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627.67

CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL

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Case 2:16-cv-01206-JCM-NJK Document 456 Filed 01/30/23 Page 2 of 4

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Defendants.
HI-TECH SECURTY INC; and WILLIAM
ROSEBERRY,
Third-Party Plaintiffs,
vs.
NICKELS AND DIMES INCORPORATED,
Third-Party Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their

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undersigned counsel of record, the following:
1. Plaintiffs’ designated expert, Steven M. Burke, is withdrawn as an expert and no party will

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introduce any opinions or testimony from Steven M. Burke at trial;

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

BARRON & PRUITT, LLP

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627.67

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Case 2:16-cv-01206-JCM-NJK Document 456 Filed 01/30/23 Page 3 of 4

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2. The parties further stipulate and agree that no party may introduce any testimony,

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reference, or evidence regarding Charles Wyman’s tattoos, including the number of tattoos

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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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he had on his body and/or the description and/or type of tattoos he had on his body at trial;
3. The parties further stipulate and agree that no party may introduce any testimony,
reference, or evidence regarding Jennifer Wyman’s recreational marijuana use at trial; and
4. The parties further stipulate and agree that no party may introduce any testimony,
reference, or evidence regarding “The Chuck Wyman Memorial Fund” (a Go Fund Me
fund) at trial.
Respectfully submitted,
Dated this 27th day of January, 2023,

Dated this 27th day of January, 2023,

BARRON & PRUITT, LLP

EGLET ADAMS

/s/ Joseph Meservy
WILLIAM H. PRUITT, ESQ.
Nevada Bar No. 6783
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
3890 West Ann Road
North Las Vegas, Nevada 89031
Attorneys for Defendant
Smart Industries Corporation

/s/ Brittney Glover

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TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
BRITTNEY GLOVER, ESQ.
Nevada Bar No. 15412
400 South 7th Street, 4th Floor
Las Vegas, Nevada 89101
Attorneys for the Wyman Plaintiffs

Dated this 27th day of January, 2023,

Dated this 27th day of January, 2023,

CLIFFW. MARCEK, PC

DUBOWSKY LAW OFFICE, CHTD.

/s/ Cliff Marcek
CLIFF W. MARCEK, ESQ.
Nevada Bar No. 5061
411 E. Bonneville Ave., Suite 390
Las Vegas, Nevada 89101
Attorneys for Plaintiffs
Sara Rodriguez and Jacob Wyman

/s/ Peter Dubowsky

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PETER DUBOSWKY, ESQ.
Nevada Bar No. 4972
300 South Fourth Street, Suite 1020
Las Vegas, Nevada 89101
Attorneys for Plaintiff
Wesco Insurance Company

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627.67

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Case 2:16-cv-01206-JCM-NJK Document 456 Filed 01/30/23 Page 4 of 4

ORDER

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Based upon the Stipulation of the parties hereto, and with good cause appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that designated expert, Steven

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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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M. Burke, has been withdrawn as a witness and shall therefore be excluded from testifying at trial in
these consolidated cases, and no party may introduce opinions or testimony from Steven M. Burke at
trial.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that no party may introduce
any testimony, reference, or evidence regarding Charles Wyman’s tattoos, including the number of
tattoos he had on his body and/or the description and/or type of tattoos he had on his body at trial.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that no party may introduce
any testimony, reference, or evidence regarding Jennifer Wyman’s recreational marijuana use at trial.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that no party may introduce
any testimony, reference, or evidence regarding “The Chuck Wyman Memorial Fund” (a Go Fund Me
fund) at trial.
DATED this ____
January 2023.
30th day of ________,
_______________________________________
UNITED STATES DISTRICT JUDGE

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627.67

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