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 EXTENSION OF TIME FOR WYMAN; and SARA RODRIGUEZ natural DEFENDANT SMART TO RESPOND TO parent and guardian ad litem of JACOB WYMAN, PLAINTIFFS JENNIFER WYMAN, BEAR 22 WYMAN, AND THE ESTATE OF Plaintiffs, CHARLES WYMAN’S MOTION TO 23 WITHDRAW ALL NEGLIGENCE BASED vs. CLAIMS SMART INDUSTRIES CORPORATION dba AND SMART INDUSTRIES CORP., MFG, an Iowa Corporation; HI-TECH SECURITY INC, a STIPULATION AND ORDER FOR Nevada Corporation; WILLIAM ROSEBERRY; EXTENSION OF TIME FOR BOULEVARD VENTURES, LLC, a Nevada DEFENDANT SMART INDUSTRIES Corporation; DOES 1 through 10; BUSINESS CORPORATION’S TO FILE REPLY IN 1 Defendants. REGARDING SPECIAL DAMAGES AND HI-TECH SECURTY INC; and WILLIAM OPPOSITION TO PLAINTIFFS’ ROSEBERRY, COUNTERMOTION FOR RECONSIDERATION OF THE COURT’S 3 Third-Party Plaintiffs, JULY 22, 2020 ORDER(ECF NO. 226) REGARDING SPECIAL DAMAGES vs. NICKELS AND DIMES INCORPORATED, 6 Third-Party Defendants.

On August 25, 2020, Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles Wyman filed their Motion to Withdraw all Negligence Based Claims (ECF No. 270). Responses to said motion are currently due Sept. 8, 2020. Counsel for the Wyman Plaintiff and Defendant Smart Industries have agreed to a one week extension of time for Defendant Smart to file said response, which would make the response due on Sept. 15, 2020.

On August 18, 2020, Defendant Smart Industries filed its Motion for Reconsideration of the Court’s July 22, 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269). On Sept. 1, 2020, Plaintiff’s Jennifer Wyman, Bear Wyman and the Estate of Charles Wyman filed their Opposition to Defendant Smart’s Motion for Reconsideration and their Countermotion for Reconsideration (ECF No. 271). Responses to said motions are currently due Sept. 8, 2020. Counsel for the Wyman Plaintiff and Defendant Smart Industries have agreed to a one week extension of time for Defendant Smart to file its Reply in Support of its Motion for Reconsideration and Opposition to Plaintiffs’ Countermotion response, which would make those due on Sept. 15, 2020.

21 With this Court’s approval, the parties hereby agree that the deadline for Smart Industries file to above mentioned briefs, shall be extended by one week, or such other time as deemed appropriate by the Court. As such, the deadline for filing said briefs shall be Sept. 15, 2020. The parties further stipulate to a one-week extension to the deadlines for the Wyman Plaintiffs to reply to the aforementioned briefs.

26 This Stipulation is submitted in good faith and is not interposed for purposes of delay. This stipulation will allow defense counsel additional time to balance certain work and family demands on || for filing Defendant Smart Industries’ Opposition Plaintiffs Jennifer Wyman, Bear Wyman, and tl || Estate of Charles Wyman’s Motion to Withdraw all Negligence Based Claims (ECF No. 270) and f filing Defendant Smart’s Reply in Support of its Motion for Reconsideration of the Court’s July 2 2020 Order (ECF No. 200) Regarding Special Damages (ECF No. 269) and Opposition to Plaintiff Countermotion for Reconsideration (ECF No. 271).

6 Respectfully submitted, Dated this 8" day of September, 2020, Dated this 8™ day of September, 2020, BARRON & PRUITT, LLP EGLET ADAMS || /s/ Joseph Meservy _/s/ James A. Trummel DAVID BARRON, ESQ. TRACY A. EGLET, ESQ.

10 Nevada Bar No. 142 Nevada Bar No. 6419 JOSEPH R. MESERVY, ESQ. JAMES A. TRUMMELL, ESQ.

11 Nevada Bar No. 14088 Nevada Bar No. 14127 3890 West Ann Road BRITTNEY GLOVER, ESQ.

12 || North Las Vegas, Nevada 89031 Nevada Bar No. 15412 _ Attorneys for Defendant 400 South 7" Street, 4 Floor S43 || Smart Industries Corporation Las Vegas, Nevada 89101 a8 22 Attorneys for the Wyman Plaintiffs 15 ORDER 16 Based upon the Stipulation of the parties hereto, and with good cause appearing therefor, 17 IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.

Pp || DATED September 10, 2020.

20 ws ©. Malan UNITED S¥ATES DISTRICT JUDGE 21 “