Wesco Insurance Company v. Smart Industries Corporation
2:16-cv-01206
D. Nev.
Feb 11, 2020
Check Treatment
Docket

WESCO INSURANCE COMPANY as subrogee of its insured NICKELS AND DIMES INCORPORATED v. SMART INDUSTRIES CORPORATION dba SMART INDUSTRIES CORP., MFG.

Case No.: 2:16-cv-01206-JCM-EJY (consolidated with 2:16-cv-02378-JCM-EJY)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

February 11, 2020

James C. Mahan

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: DBarron@lvnvlaw.com

Email: JMeservy@lvnvlaw.com

Attorneys for Defendant, Smart Industries Corporation

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STIPULATION AND ORDER FOR EXTENSTION OF TIME FOR DEFENDANT SMART TO FILE ITS RESPONSES TO MOTIONS IN LIMINE

Defendants.

HI-TECH SECURTY INC; and WILLIAM ROSEBERRY,

Third-Party Plaintiffs,

vs.

NICKELS AND DIMES INCORPORATED,

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.

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

Respectfully submitted,

Dated this 10th day of February, 2020,

BARRON & PRUITT, LLP

/s/ Joseph R. Meservy

DAVID BARRON, ESQ.

Nevada Bar No. 142

JOSEPH R. MESERVY, ESQ.

Nevada Bar No. 14088

3890 West Ann Road

North Las Vegas, Nevada 89031

Attorneys for Defendant Smart Industries Corporation

Dated this 10th day of February, 2020,

EGLET ADAMS

/s/ Thomas N. Beckom

TRACY A. EGLET, ESQ.

Nevada Bar No. 6419

THOMAS N. BECKOM, ESQ.

Nevada Bar No. 12554

400 South 7th Street, 4th Floor

Las Vegas, Nevada 89101

Attorneys for the Wyman Plaintiffs

ORDER

Based upon the Stipulation of the parties hereto, and with good cause appearing therefor,

IT IS HEREBY ORDERED, that the Stipulation to Extend hereinabove is hereby Granted.

DATED February 11, 2020.

James C. Mahan

UNITED STATES DISTRICT JUDGE