Wesco Insurance Company v. Smart Industries Corporation

Filing 94

ORDER granting 90 Stipulation; Re: 78 Motion for Leave to File Document, 77 Motion for Leave to File Document, 79 Motion to Stay Case, Responses due by 6/7/2019. Replies due by 6/17/2019. Signed by Magistrate Judge George Foley, Jr on 6/4/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01206-JCM-GWF Document 90 Filed 05/24/19 Page 1 of 4

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DENNIS M. PRINCE, ESQ.
Nevada Bar No. 5092
KEVIN T. STRONG, ESQ.
Nevada Bar No. 12107
EGLET PRINCE
400 S. 7th Street, 4th Floor
Las Vegas, Nevada 89101
E-Mail: [e-mail]
T: 702.450.5400
F: 702.450.5451
-andGABRIEL A. MARTINEZ, ESQ.
Nevada Bar No. 326
DILLON G. COIL, ESQ.
Nevada Bar No. 11541
GREENMAN GOLDBERG RABY & MARTINEZ
601 S. Ninth Street
Las Vegas, NV 89101
E-Mail: [e-mail]
E-Mail: [e-mail]
T: 702. 384.1616
F: 702.384.2990
Attorneys for Wyman Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
WESCO INSURANCE COMPANY, as subrogee CASE NO.: 2:16-cv-01206-JCM-CWH
of its insured, NICKELS AND DIMES
INCORPORATED,
CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL WITH:
Plaintiff,
CASE NO.: 2:16-cv-02378-RFB-GWF
vs.
STIPULATION AND ORDER TO
SMART INDUSTRIES CORPORATION dba
EXTEND BRIEFING DEADLINES
SMART INDUSTRIES CORP., MFG., an Iowa
FOR DEFENDANTS HI-TECH
corporation,
SECURITY AND WILLIAM
ROSEBERRY’S MOTION FOR
Defendant.
LEAVE TO FILE A THIRD-PARTY
COMPLAINT (ECF NO. 79); MOTION
FOR JOINDER OF JACOB WYMAN
AS COMPULSORY PLAINTIFF (ECF
NO. 78); AND EMERGENT MOTION
TO STAY DEADLINE FOR FILING
JOINT PRETRIAL ORDER (ECF NO.
79)
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,
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Case 2:16-cv-01206-JCM-GWF Document 90 Filed 05/24/19 Page 2 of 4

Plaintiffs,

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vs.
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,
Defendants.

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IT IS HEREBY STIPULATED AND AGREED between Plaintiffs JENNIFER

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WYMAN, individually; BEAR WYMAN, a minor, by and through his natural parent,

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JENNIFER WYMAN; and JENNIFER WYMAN and VIVIAN SOOF, as Joint Special

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Administrators of the ESTATE OF CHARLES WYMAN, through their attorneys of record,

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Dennis M. Prince, Esq., and Kevin T. Strong, Esq. of EGLET PRINCE and Gabriel A. Martinez,

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Esq. and Dillon G. Coil, Esq. of GREENMAN GOLDBERG RAMY & MARTINEZ; Plaintiff

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WESCO INSURANCE COMPANY, through its attorneys of record, Peter Dubowsky, Esq. and

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Amanda Vogler-Heaton, Esq.; Defendants HI-TECH SECURITY, INC. and WILLIAM

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ROSEBERRY, through their attorneys of record, STEVEN T. JAFFE, ESQ., MONTE HALL,

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ESQ., and WALTER F. FICK, ESQ. of HALL JAFFE & CLAYTON, LLP; and Defendant

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SMART INDUSTRIES CORPORATION dba SMART INDUSTRIES, CORP., by and through

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its attorneys of record, David Barron, Esq., William H. Pruitt, Esq., and Joseph R. Meservy, Esq.

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of BARRON & PRUITT, LLP, that the deadline for the Wyman Plaintiffs to file their Responses

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to Defendants Hi-Tech Security, Inc.’s and William Roseberry’s: (1) Motion for Leave to File a

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Third-Party Complaint for Contractual Indemnity Against Nickels and Dimes Incorporated (ECF

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No. 77); (2) Motion for Joinder of Jacob Wyman as a Compulsory Plaintiff; or, in the

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Alternative, Motion for Leave to File Third-Party Complaint Against Jacob Wyman; or, in the

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Alternative, Motion to File Complaint for Interpleader (ECF No. 78); and (3) Emergent Motion

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to Stay Deadline for Filing Joint Pretrial Order (ECF No. 79) and Responses to Defendant Smart

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Industries Corp.’s respective Joinders thereto (ECF Nos. 87, 88, and 89) shall be extended from

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May 28, 2019, to June 7, 2019. Defendants Hi-Tech Security and William Roseberry filed their
respective Motions on May 14, 2019.
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Case 2:16-cv-01206-JCM-GWF Document 90 Filed 05/24/19 Page 3 of 4

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IT IS FURTHER STIPULATED AND AGREED that Defendants Hi-Tech Security,

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William Roseberry, and Smart Industries Corp. shall have until June 17, 2019 to file their Reply

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Briefs in support of their respective Motions and Joinders thereto.

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The purpose for requesting this brief extension is that the Wyman Plaintiffs’ counsel

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handling the briefing has been involved in the drafting of several briefs related to a trial in the

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Eighth Judicial District Court entitled Evans-Waiau v. Tate, Case No. A-16-736457-C over the

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course of the last two weeks. The Wyman Plaintiffs’ counsel has also been preparing briefing

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for a matter pending in the Ninth Circuit Court of Appeals. Given the complexities of the

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various legal arguments presented in Hi-Tech Security and William Roseberry’s Motions, the

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Wyman Plaintiffs respectfully request additional time to address the legal issues presented.

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In light of the same and pending the Court’s approval, counsel for Defendants/Movants

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Hi-Tech Security and William Roseberry has graciously agreed to a ten-day extension, through

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and until June 7, 2019, for the Wyman Plaintiffs to file their Responses to: (1) Motion for Leave

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to File a Third-Party Complaint for Contractual Indemnity Against Nickels and Dimes

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Incorporated (ECF No. 77); (2) Motion for Joinder of Jacob Wyman as a Compulsory Plaintiff;

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or, in the Alternative, Motion for Leave to File Third-Party Complaint Against Jacob Wyman;

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or, in the Alternative, Motion to File Complaint for Interpleader (ECF No. 78); and (3) Emergent

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Motion to Stay Deadline for Filing Joint Pretrial Order (ECF No. 79). Defendants Hi-Tech

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Security, William Roseberry, and Smart Industries Corp. shall have until June 17, 2019 to file

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their Reply Briefs in support of their respective Motions and Joinders thereto.

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Case 2:16-cv-01206-JCM-GWF Document 90 Filed 05/24/19 Page 4 of 4

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This is the first extension requested in connection with the underlying motions.
Therefore, the parties respectfully request this Court to approve the foregoing stipulation.

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DATED this 25th day of May, 2019.

DATED this 25th day of May, 2019.

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EGLET PRINCE

BARRON & PRUITT, LLP

/s/ Kevin T. Strong
DENNIS M. PRINCE, ESQ.
Nevada Bar No. 5092
KEVIN T. STRONG, ESQ.
Nevada Bar No. 12107
400 S. 7th Street, 4th Floor
Las Vegas, Nevada 89101
-andGABRIEL A. MARTINEZ, ESQ.
Nevada Bar No. 326
DILLON G. COIL, ESQ.
Nevada Bar No. 11541
GREENMAN GOLDBERG RABY
&MARTINEZ
601 South Ninth Street
Las Vegas, NV 89101
Attorneys for Wyman Plaintiffs

/s/ Joseph R. 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

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DATED this 25th day of May, 2019.

Dated this 25th day of May, 2019.

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HALL, JAFFE & CLAYTON, LLP

DUBOWSKY LAW OFFICE, CHTD.

/s/ Walter F. Fick
STEVEN JAFFE, ESQ.
Nevada Bar No. 7035
WALTER F. FICK, ESQ.
Nevada Bar No. 14193
7425 Peak Drive
Las Vegas, Nevada 89128
Attorneys for Defendants Hi-Tech Security,
Inc. and William Roseberry

/s/ Amanda Vogler-Heaton
PETER DUBOSWKY, ESQ.
Nevada Bar No. 4972
AMANDA VOGLER-HEATON, ESQ.
Nevada Bar No. 13609
300 South Fourth Street, Suite 1020
Las Vegas, Nevada 89101
Attorneys for Wesco Ins. Co.

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ORDER

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IT IS SO ORDERED.

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Dated this 4th day of June 2019.
May,

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UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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