Opinion
2:16-cv-01206-JCM-EJY 2:16-cv-02378-JCM-EJY
01-13-2022
WESCO INSURANCE COMPANY as subrogee of its insured NICKELS AND DIMES INCORPORATED, Plaintiff, v. SMART INDUSTRIES CORPORATION dba SMART INDUSTRIES CORP., MFG., an Iowa corporation, Defendants. JENNIFER WYMAN, individually; BEAR WYMAN, a minor, by and through his natural 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, v. 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 ENTITIES I through V; and ROE CORPORATIONS 11 through 20, inclusive, Defendants. HI-TECH SECURTY INC; and WILLIAM ROSEBERRY, Third-Party Plaintiffs, v. NICKELS AND DIMES INCORPORATED, Third-Party Defendants.
WILLIAM H. PRUITT, JOSEPH R. MESERVY, BARRON & PRUITT, LLP Attorneys for Defendant, Smart Industries Corporation CLIFF W. MARCEK, CLIFF W. MARCEK, P.C. Attorneys for Plaintiffs SARA RODRIQUEZ, parent and guardian Of JACOB WYMAN TRACY A. EGLET, BRITTNEY R. GLOVER, EGLET ADAMS Attorneys for Plaintiffs JENNIFER WYMAN, BEAR WYMAN; and ESTATE OF CHARLES WYMAN PETER DUBOSWKY, AMANDA VOGLER-HEATON, DUBOWSKY LAW OFFICE, CHTD Attorneys for WESCO INSURANCE CO.
WILLIAM H. PRUITT, JOSEPH R. MESERVY, BARRON & PRUITT, LLP Attorneys for Defendant, Smart Industries Corporation
CLIFF W. MARCEK, CLIFF W. MARCEK, P.C. Attorneys for Plaintiffs SARA RODRIQUEZ, parent and guardian Of JACOB WYMAN
TRACY A. EGLET, BRITTNEY R. GLOVER, EGLET ADAMS Attorneys for Plaintiffs JENNIFER WYMAN, BEAR WYMAN; and ESTATE OF CHARLES WYMAN
PETER DUBOSWKY, AMANDA VOGLER-HEATON, DUBOWSKY LAW OFFICE, CHTD Attorneys for WESCO INSURANCE CO.
CONSOLIDATED FOR PURPOSES OF DISCOVERY AND TRIAL STIPULATION AND ORDER TO EXTEND TIME TO FILE A JOINT PRETRIAL ORDER (Seventh Request)
COMES NOW, Plaintiffs, SARA RODRIGUEZ parent and guardian of JACOB WYMAN, by and through their counsel of record, Cliff W. Marcek, Esq and Thomas Schwartz, Esq.; Jennifer Wyman, Bear Wyman and the Estate of Charles Wyman by and through their attorney of record, Tracy A. Eglet, Esq. and Brittney R. Glover, Esq. of EGLET ADAMS LAW OFFICE; Smart Industries Corporation, by and through its attorney of record William H. Pruitt, Esq. and Joseph R. Meservy, Esq. of BARRON & PRUITT; and Wesco Insurance Company by and through its attorney Peter Duboswky, Esq. of DUBOWSKY LAW OFFICE and hereby agree and stipulate to extend the time to file the Joint Pretrial Order.
On September 16, 2021, the Honorable Judge James C. Mahan filed a Minute Order stating the parties were to submit a Joint Pretrial Order in compliance with Local Rule 16-4 within 30 days. The Joint Pretrial Order was originally due October 18, 2021. The parties were subsequently granted multiple extensions through January 12, 2022.
The parties have conducted extensive discovery and there are many documents to review. In addition, there have been numerous depositions to review, written discovery and each side has disclosed expert witnesses. Due to the amount of potential evidence, the parties need another short extension to prepare and file the Joint Pretrial Order.
The parties continue to circulate drafts for the joint pretrial order and have made additional progress since the last extension was granted, but it is unlikely the Joint Pretrial Order will be completed by January 12, 2022. Counsel for Defendant Smart circulated the latest draft of the Joint Pretrial Order on January 12, 2022. As the Court is aware, the family of lead trial counsel for Smart has recently suffered from COVID-19 and the Christmas and New Year holiday also interrupted the time that counsel were able to make revisions and conference about such revisions. Accordingly, the parties have agreed to extend the deadline to January 19, 2022 to enable counsel to review and conference in an effort to complete the Joint Pretrial Order.
The parties above request that the court approve of this stipulation and order giving the parties an additional time up to January 19, 2022 to submit the Joint Pretrial Order.
No further extensions will be granted.
IT IS SO ORDERED.