Wesco Insurance Company v. Smart Industries Corporation

1 DAVID BARRON, ESQ.

Nevada Bar No. 142 JOSEPH R. MESERVY, ESQ.

Nevada Bar No. 14088 BARRON & PRUITT, LLP 3890 West Ann Road North Las Vegas, Nevada 89031-4416 Telephone: (702) 870-3940 Facsimile: (702) 870-3950 Email: [email protected] Email: [email protected] Attorneys for Defendant, Smart Industries Corporation

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** WESCO INSURANCE COMPANY as subrogee Case No.: 2:16-cv-01206-JCM-EJY of its insured NICKELS AND DIMES INCORPORATED, 13 Plaintiff, vs. SMART INDUSTRIES CORPORATION dba CONSOLIDATED FOR PURPOSES OF SMART INDUSTRIES CORP., MFG., an Iowa DISCOVERY AND TRIAL corporation, 17 Defendants.

JENNIFER WYMAN, individually; BEAR Case No.: 2:16-cv-02378-JCM-EJY WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; JENNIFER WYMAN and VIVIAN SOOF, as Joint Special STIPULATION AND ORDER FOR Administrators of the ESTATE OF CHARLES EXTENSTION OF TIME FOR WYMAN; and SARA RODRIGUEZ natural DEFENDANT SMART TO FILE ITS parent and guardian ad litem of JACOB WYMAN, RESPONSES TO MOTIONS IN LIMINE Plaintiffs, vs. 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 1 Defendants.

HI-TECH SECURTY INC; and WILLIAM ROSEBERRY, 3 Third-Party Plaintiffs, vs. NICKELS AND DIMES INCORPORATED, 6 Third-Party Defendants.

Defendant Smart Industries Corporation’s responses to (1) Plaintiff’s Motion in Limine No. 1 to Preclude Testimony that the Subject Arcade Machine Was Not Serviced in a Reasonable Foreseeable Manner (ECF #181); (2) Plaintiff’s Motion in Limine No. 2 to Preclude Evidence or Argument that the Defective Subject Arcade Machine was Not the Cause of Charles Wyman’s Electrocution and Request for Judicial Notice of NRS 259.050, NRS 440.420 and Certificate of Death (ECF #182); (3) Plaintiff’s Motion in Limine No. 3 to Preclude Testimony Argument, or Evidence that the Subject Arcade Machine Was Not Defective at the Time of the Incident (ECF #183); (4) Plaintiff’s Motion in Limine No. 4 to Preclude Any Argument that Defendant Smart Industries Corporation Was Anything Other Than a Manufacturer, Distributor, and Seller of the Defective Arcade Machine Pursuant to Nevada Law (ECF #184) are currently due February 11, 2020. With this Court’s approval, the parties hereby agree that the deadline for said responses shall be extended by 14 days. As such Defendant Smart Industries Corporation’s responses to Plaintiff’s Motions in Limine Nos. 1 through 4 shall now be due on February 25, 2020.

21 /// /// /// /// /// /// /// 1 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This the first request to extend the deadline for filing the Defendant Smart Industries Corporation’s repli || to Plaintiff's Motions in Limine Nos. 1 through 4 (ECF #181-184).

4 Respectfully submitted, 5 . .

Dated this 10th day of February, 2020, Dated this 10th day of February, 2020, BARRON & PRUITT, LLP EGLET ADAMS || /s/ Joseph R. Meservy /s/ Thomas N. Beckom DAVID BARRON, ESQ. TRACY A. EGLET, ESQ.

9 || Nevada Bar No. 142 Nevada Bar No. 6419 JOSEPH R. MESERVY, ESQ. THOMAS N. BECKOM, ESQ.

10 || Nevada Bar No. 14088 Nevada Bar No. 12554 3890 West Ann Road 400 South 7" Street, 4" Floor || North Las Vegas, Nevada 89031 Las Vegas, Nevada 89101 Attorneys for Defendant Attorneys for the Wyman Plaintiffs || Smart Industries Corporation

; os ORDER 6 Based upon the Stipulation of the parties hereto, and with good cause appearit “ M7 therefor, 18 IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.

20 || DATED February 11, 2020.

2 Me iii ©. Atoll UNITED STATES DISTRICT JUDGE