District Court, D. Nevada, 2021

Wesco Insurance Company v. Smart Industries Corporation

Wesco Insurance Company v. Smart Industries Corporation
District Court, D. Nevada · Decided January 13, 2021
Wesco Insurance Company v. Smart Industries Corporation

Trial Court Opinion

11 JOSH COLE AICKLEN Nevada Bar No. 07254 E-Mail: [email protected] PAUL A. SHPIRT Nevada Bar No. 10441 E-Mail: [email protected] LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 TEL: 702.893.3383 FAX: 702.893.3789 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JENNIFER WYMAN, individually; BEAR CASE NO.: 2:16-cv-01206-JCM-EJY WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; JENNIFER WYMAN and VIVIAN SOOF, STIPULATION AND ORDER TO DISMISS as Joint Special Administrators of the WITH PREJUDICE ESTATE OF CHARLES WYMAN, 16 Plaintiffs, 17 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.

24 COME NOW, Plaintiffs JENNIFER WYMAN, individually; BEAR WYMAN, a minor, by and through his natural parent JENNIFER WYMAN; and JENNIFER WYMAN and VIVIAN SOOF, as Joint Special Administrators of the ESTATE OF CHARLES WYMAN, by and through their counsel of record, Robert M. Adams, Esq. and Thomas N. Beckom, || and through its counsel of record, Josh Cole Aicklen, Esq. and Paul A. Shpirt, Esq. of || LEWIS BRISBOIS BISGAARD & SMITH LLP, and do hereby stipulate that the above- || titled action shall be dismissed with prejudice as to Defendant BOULEVARD || VENTURES, LLC only, each of the parties to bear their own attorneys’ fees and costs.

5 IT IS FURTHER STIPULATED AND AGREED that all pending pleadings, pending || trial of this matter, and any and all hearings as to Defendant BOULEVARD VENTURES, || LLC shall be vacated.

DATED this 7th day of January, 2021. Dated this 7th day of January, 2021.

41 EGLET ADAMS LEWIS BRISBOIS BISGAARD & SMITH LLP 12 Jul, || /s/Robert M. Adams Robert M. Adams, Esq. Josh Cole Aicklen, Esq.

14 || Thomas N. Beckom, Esq. Paul A. Shpirt, Esq. 400 South 7" Street, Box 1, Suite 400 6385 S. Rainbow Blvd., Suite 600 || Las Vegas, NV 89101 Las Vegas, NV 89118 Attorneys for Plaintiffs Jennifer Wyman, Attorneys for Defendant Boulevard || Bear Wyman, and the Estate of Charles Ventures, LLC Wyman 1 ORDER 2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled || action as to Defendant BOULEVARD VENTURES, LLC only, shall be dismissed with || prejudice, each of the parties to bear their own attorneys’ fees and costs.

5 IT IS SO ORDERED. January 13, 2021.

6 NBA Ae C. Atala 7 GS. Slstrict Court Judge Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP | JOSH COLE AICKLEN Nevada Bar No. 07254 || PAUL A.SHPIRT || Nevada Bar No. 10441 6385 S. Rainbow Boulevard, Suite 600 || Las Vegas, Nevada 89118 Tel. 702.893.3383 || Attorneys for Defendant Boulevard Ventures, LLC From: Scott Powell <[email protected]> Sent: Wednesday, January 6, 2021 3:47 PM To: Abrante, Tina; Lanahan, Jennifer; Shpirt, Paul Cc: Bob Adams Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935 Follow Up Flag: Follow up Flag Status: Flagged Hello again, Robert Adams has authorized Paul Shpirt to use his e-signature to file the Stipulation and Order to Dismiss once we have the checks. Please let me know a time frame that we can send a runner to pick up the checks tomorrow if this is acceptable to Mr. Shpirt.

Thank you, Scott Powell, Legal Assistant From: Abrante, Tina <[email protected]> Sent: Wednesday, January 6, 2021 3:10 PM To: Scott Powell <[email protected]>; Lanahan, Jennifer <[email protected]>; Shpirt, Paul <[email protected]> Cc: Bob Adams <[email protected]> Subject: RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012- 4935 Yes, that is correct. Thank you for reminding me. Let me know if you will be sending someone or if you want me to mail the checks. Thank you.

Tina M. Abrante Legal Assistant to Paul A. Shpirt, Mark J. Brown and Jennifer R. Lanahan [email protected] From: Scott Powell <[email protected]> Sent: Wednesday, January 6, 2021 1:25 PM To: Abrante, Tina <[email protected]>; Lanahan, Jennifer <[email protected]>; Shpirt, Paul <[email protected]> Cc: Bob Adams <[email protected]> Subject: [EXT] RE: Wesco/Wyman v. Smart Industries, et al. (2:16-cv-01206-JCM-EJY) - Settlement Documents / LBBS 50012-4935

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