Wesco Insurance Company v. Smart Industries Corporation, No. 2:2016cv01206 - Document 425 (D. Nev. 2022)
Court Description: ORDER Granting 423 Stipulation to Continue. Calendar Call set for 2/22/2023 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 2/27/2023 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 8/15/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Wesco Insurance Company v. Smart Industries Corporation Doc. 425 Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 ROBERT T. EGLET, ESQ. Nevada Bar No. 3402 BRITTNEY R. GLOVER, ESQ. Nevada Bar No. 15412 EGLET ADAMS 400 South 7th Street, 4th Floor Las Vegas, Nevada 89101 Telephone: (702) 450-5400 Facsimile: (702) 450-5451 Email: eservice@egletlaw.com - and THEODORE PARKER, III, ESQ. Nevada Bar No. 4716 PARKER, NELSON & ASSOCIATES, CHTD. 2460 Professional Court, Suite 200 Las Vegas, NV 89128 Telephone: 702-868-8000 Fax: 702-868-8001 E-Mail: tparker@pnalaw.net Attorneys for Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles Wyman 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 WESCO INSURANCE COMPANY, as subrogee Case No. 2:16-cv-01206-JCM-NJK of its insured, NICKELS AND DIMES INCORPORATED, 18 19 Plaintiff, STIPULATION AND ORDER TO CONTINUE TRIAL (Second Request) vs. 20 21 22 23 SMART INDUSTRIES CORPORATION d/b/a SMART INDUSTRIES CORP, MFG, an Iowa corporation, Defendants. 24 25 26 27 28 Dockets.Justia.com Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 2 of 12 1 2 3 4 5 6 JENNIFER WYMAN, individually; BEAR CONSOLIDATED WITH WYMAN, a minor, by and through his natural Case No. 2:16-cv-02378-JCM-CWH parent JENNIFER WYMAN; JENNIFER 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, 7 8 vs. 9 10 11 12 13 14 SMART INDUSTRIES CORPORATION, d/b/a SMART INDUSTRIES CORP., MFG, an Iowa corporation, HI-TECH SECURITY INC., a Nevada corporation; WILLIAM ROSEBERRY; BOULEVARD VENTURES, LLC, a Nevada corporation; DOES I thought V; DOES 1 thought 10; BUSINESS ENTITIES I through V; and ROE CORPORATIONS 11 through 20, inclusive, 15 Defendants. 16 17 18 HI-TECH SECURITY, INC; and WILLIAM ROSEBERRY, 19 20 21 Third-Party Plaintiffs, vs. NICKELS AND DIMES INCORPORATED, 22 23 24 25 Third-Party Defendant. STIPULATION AND ORDER TO CONTINUE TRIAL (Second Request) COMES NOW, JENNIFER WYMAN, BEAR WYMAN, and THE ESTATE OF 26 27 28 CHARLES WYMAN (hereinafter the “Plaintiffs”) by and through their attorneys of record, Robert T. Eglet, Esq. and Brittney R. Glover, Esq., of the law firm of EGLET ADAMS and 2 Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 3 of 12 1 Theodore Parker, III, Esq. of PARKER, NELSON & ASSOCIATES, CHTD; Plaintiffs, SARA 2 RODRIGUEZ parent and guardian of JACOB WYMAN, by and through their counsel of record, 3 Cliff W. Marcek, Esq. and Thomas Schwartz, Esq.; SMART INDUSTRIES CORPORATION, 4 by and through its attorney of record, William H. Pruitt, Esq. and Joseph R. Meservy, Esq. of 5 6 7 8 BARRON & PRUITT; and WESCO INSURANCE COMPANY, by and through its attorney of record, Peter Dubowsky, Esq. of DUBOWSKY LAW OFFICE, and hereby agree and stipulate to continue the September 12, 2022 trial date in this matter to this Court’s February 27, 2023 trial stack due to the unavailability of Plaintiffs’ liability expert, E.P. Hamilton, III, Ph.D., P.E. 9 On January 19, 2022, the parties submitted their Joint Pretrial Order. See ECF No. 358. 10 11 12 13 14 On February 3, 2022, this Court granted the parties Joint Pretrial Order and set this case for jury trial on the stacked calendar on September 12, 2022. See ECF No. 361. The Calendar Call in this matter is set to be held on September 7, 2022 at 1:30 p.m. Id. The parties respectfully request that the September 12, 2022 trial date in this matter be 15 continued to this Court’s February 27, 2023 trial stack. The Wyman Plaintiffs recently discovered 16 that their liability expert, E.P. Hamilton, III, Ph.D., P.E., will not be available until September 17 19, 2022 to meet with Plaintiffs’ counsel. See Affidavit of Deborah R. Black, attached as Exhibit 18 “1.” As such, Dr. Hamilton will be unavailable to testify at the September 12, 2022 trial. Id. 19 Moreover, as this trial is anticipated to last twenty-one (21) days, the September 12, 2022 trial 20 stack conflicts with counsel for Wesco, Peter Dubowsky’s, Jewish holidays, which begin on 21 September 23, 2022. 22 In the interests of fairness and justice and for good cause shown, the parties request a 23 continuance of the September 12, 2022 trial date until this Court’s February 27, 2023 trial stack. 24 This request is not made for the purposes of undue delay and is brought in good faith. In light of 25 26 27 the foregoing, and in an attempt to avoid prejudicing all parties involved, the parties hereby stipulate to continue the trial date in this matter from September 12, 2022 to this Court’s February 27, 2023 trial stack. The parties further respectfully request that the motion in limine deadline be 28 3 Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 4 of 12 1 2 3 extended in accordance with the new trial date pursuant to LR 16-3. Respectfully submitted by: Approved as to Form and Content by: DATED this 12th day of August, 2022. DATED this 12th day of August, 2022. /s/ Brittney R. Glover, Esq. TRACY A. EGLET, ESQ. Nevada Bar No. 6419 BRITTNEY R. GLOVER, ESQ. Nevada Bar No. 15412 EGLET ADAMS 400 South Seventh Street, Suite 400 Las Vegas, Nevada 89101 Attorneys for Plaintiffs JENNIFER WYMAN, BEAR WYMAN; and ESTATE OF CHARLES WYMAN /s/ Joseph R. Meservy, Esq. 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 Attorneys for Defendant SMART INDUSTRIES CORPORATION DATED this 12th day of August, 2022. DATED this 12th day of August, 2022. /s/ Cliff W. Marcek, Esq. CLIFF W. MARCEK, ESQ. Nevada Bar No. 5061 CLIFF W. MARCEK, P.C. 411 E. Bonneville Ave. Las Vegas, Nevada 89101 Attorneys for Plaintiffs SARA RODRIQUEZ, parent and guardian Of JACOB WYMAN /s/ Peter Dubowsky, Esq. PETER DUBOSWKY, ESQ. Nevada Bar No. 4972 DUBOWSKY LAW OFFICE, CHTD 300 South Fourth Street, Suite 1020 Las Vegas, Nevada 89101 Attorneys for WESCO INSURANCE CO. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 5 of 12 ORDER 1 2 Based upon the Stipulation of the parties hereto, and for good cause, IT IS HEREBY 3 ORDERED, that the trial date in this matter is continued from September 12, 2022 to February 4 27, 2023, at 9:00 a.m. The Calendar call currently set for September 7, 2022, is continued to 5 February 22, 2023 at 1 :30 p.m. 6 7 8 IT IS FURTHER ORDERED that the motion in limine deadline is extended in accordance with the new trial date pursuant to LR 16-3. DATED August 15, 2022. 9 10 V'.) 11 EDSTATEs c.. DISTRICT JUDGE )-u,J,1a.v._ J 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case 2:16-cv-01206-JCM-NJK Document 425 423 Filed 08/15/22 08/12/22 Page 6 of 12 10 From: To: Cc: Subject: Date: Attachments: Peter Dubowsky Brittney Glover Joseph R. Meservy; Cliff Marcek; Bianca Marx Re: Wyman, et. al. v. Smart - SAO Continue Trial Friday, August 12, 2022 12:05:20 PM uc.png You may affix my signature. Peter Dubowsky, Esq. DUBOWSKY LAW OFFICE, CHTD. 300 South Fourth Street 10th Floor- Suite 1020 Las Vegas, NV 89101 Ph. (702) 360.3500 Fx. (702) 360.3515 www.dubowskylaw.com On Aug 12, 2022, at 11:59 AM, Brittney Glover <bglover@egletlaw.com> wrote: <WYMAN 20220812 SAO Continue Trial.docx> Case 2:16-cv-01206-JCM-NJK Document 425 423 Filed 08/15/22 08/12/22 Page 7 of 12 10 From: To: Cc: Subject: Date: Attachments: Cliff Marcek Brittney Glover; Joseph Meservy; Peter Dubowsky Bianca Marx RE: Wyman, et. al. v. Smart - SAO Continue Trial Friday, August 12, 2022 12:43:30 PM image009 png image010.png image011.png image012.png image013.png You can affix my signature. CLIFF W. MARCEK, P.C. 411 E. Bonneville, Suite 390 Las Vegas, NV 89101 Telephone: (702) 366-7076 Facsimile: (702) 366-7078 Email: cwmarcek@marceklaw.com (Firm) Board Certified Personal Injury Law Specialist American Association of Jus ice Past President – Nevada Justice Associa ion Million Dollar Advocates Forum The National Trial Lawyers Top 100 Trial Lawyers (2008,2014) The American Society of Legal Advocates Keenan Trial Institute DO NOT read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication contains confidential and/or privileged information intended only for the addressee. If you have received this communication in error, please call us (collect) immediately at (702) 366-7076 and ask to speak to the sender of the communication. Also, please e-mail the sender and notify the sender immediately that you have received the communication in error From: Brittney Glover <bglover@egletlaw.com> Sent: Friday, August 12, 2022 12:00 PM To: Joseph Meservy <JMeservy@lvnvlaw.com>; Peter Dubowsky <peter@dubowskylaw com>; Cliff Marcek <cwmarcek@marceklaw com> Cc: Bianca Marx <bmarx@egletlaw com> Subject: Wyman, et. al. v. Smart - SAO Continue Trial Counsel, It is my understanding that all parties have agreed to request a continuance of the trial date in this matter. Please find attached the SAO to Continue the September 12, 2022 trial date until the February 27, 2023 trial stack. Please review for form and content and let me know if you have any changes, or if we may affix your e-signature and submit to Chambers. Thank you. Brittney R Glover, Esq p: (702) 450-5400 w: www.egletlaw.com a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101 This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this transmission in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. Case 2:16-cv-01206-JCM-NJK Document 425 423 Filed 08/15/22 08/12/22 Page 8 of 12 10 From: To: Cc: Subject: Date: Attachments: Brittney Glover Joseph Meservy; Cliff Marcek; Peter Dubowsky Bianca Marx RE: Wyman, et. al. v. Smart - SAO Continue Trial Friday, August 12, 2022 3:08:00 PM WYMAN 20220812 SAO Continue Trial docx image004.png image005.png image006.png image007.png image008.png image009.png Brittney R Glover, Esq p: (702) 450-5400 w: www.egletlaw.com a: 400 South 7th Street, Suite #400 Las Vegas, NV 89101 This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this transmission in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. From: Joseph Meservy <JMeservy@lvnvlaw com> Sent: Friday, August 12, 2022 2:59 PM To: Cliff Marcek <cwmarcek@marceklaw com>; Brittney Glover <bglover@egletlaw com>; Peter Dubowsky <peter@dubowskylaw.com> Cc: Bianca Marx <bmarx@egletlaw com> Subject: RE: Wyman, et. al. v. Smart - SAO Continue Trial With my minor proposed edits, you may affix my e-signature and submit. Sincerely, Joseph R. Meservy, Esq. This transmission and any attached files are privileged, confidential or otherwise the exclusive property of the intended recipient or the law firm of Barron & Pruitt, LLP. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately by email by hitting reply or telephone (702) 870-3940 and promptly destroy the original transmission and its attachments. From: Joseph Meservy Sent: Friday, August 12, 2022 2:15 PM To: 'Cliff Marcek' <cwmarcek@marceklaw com>; Brittney Glover <bglover@egletlaw.com>; Peter Dubowsky <peter@dubowskylaw com> Cc: Bianca Marx <bmarx@egletlaw com> Subject: RE: Wyman, et. al. v. Smart - SAO Continue Trial Hi All, I have a couple very minor edits to suggest and am just waiting on Bill (who is in trial) to confirm that the date proposed works for us. I hope to have that answer by tonight. The edits: (1) Please substitute WILLIAM H. PRUITT, ESQ. (Bar No. 6783) for David Barron, Esq. in the signature block; (2) I believe Amanda Vogler-Heaton, Esq. is no longer with Dubowsky Law Office, Chtd., right? If so, probably best to remove her from the signature block as well.; (3) On page 3:19-20, there length of trial is listed as “up to three weeks” but we informed the Court trial would be “21 days” in the Joint Pretrial Order, and I would prefer using that language. Sincerely, Joseph R. Meservy, Esq. This transmission and any attached files are privileged, confidential or otherwise the exclusive property of the intended recipient or the law firm of Barron & Pruitt, LLP. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately by email by hitting reply or telephone (702) 870-3940 and promptly destroy the original transmission and its attachments. From: Cliff Marcek [mailto cwmarcek@marceklaw.com] Sent: Friday, August 12, 2022 12:43 PM To: Brittney Glover <bglover@egletlaw com>; Joseph Meservy <JMeservy@lvnvlaw.com>; Peter Dubowsky <peter@dubowskylaw.com> Cc: Bianca Marx <bmarx@egletlaw com> Case 2:16-cv-01206-JCM-NJK Document 425 423 Filed 08/15/22 08/12/22 Page 9 of 12 10 Exhibit “1” Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 10 of 12 Case Case 2:16-cv-01206-JCM-NJK 2:16-cv-01206-JCM-NJK Document Document 425 423-1Filed Filed 08/15/22 08/12/22Page Page 111ofof12 2 WESCO INSURANCE COMPANY vs. SMART INDUSTRIES CORPORATION (U.S. District Court Case No. Case No. 2:16-cv-01206-JCM-NJK) PLAINTIFFS JENNIFER WYMAN, BEAR WYMAN, AND THE ESTATE OF CHARLES WYMAN’S STIPULATION AND ORDER TO CONTINUE TRIAL EXHIBIT 1 AFFIDAVIT Case 2:16-cv-01206-JCM-NJK Document 425 Filed 08/15/22 Page 12 of 12
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