Opinion
2:16-cv-01206-JCM-NJK 2:16-cv-02378-JCM-CWH
08-15-2022
WESCO INSURANCE COMPANY, as subrogee of its insured, NICKELS AND DIMES INCORPORATED, Plaintiff, v. SMART INDUSTRIES CORPORATION d/b/a 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, 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, Defendants. HI-TECH SECURITY, INC; and WILLIAM ROSEBERRY, Third-Party Plaintiffs, v. NICKELS AND DIMES INCORPORATED, Third-Party Defendant.
ROBERT T. EGLET, ESQ. TRACY A. EGLET, ESQ. BRITTNEY R. GLOVER, ESQ. EGLET ADAMS THEODORE PARKER, III, ESQ. PARKER, NELSON & ASSOCIATES, CHTD. Attorneys for Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles Wyman WILLIAM H. PRUITT, ESQ. JOSEPH R. MESERVY, ESQ. BARRON & PRUITT, LLP Attorneys for Defendant SMART INDUSTRIES CORPORATION CLIFF W. MARCEK, ESQ. CLIFF W. MARCEK, P.C. Attorneys for Plaintiffs SARA RODRIQUEZ, parent and guardian Of JACOB WYMAN PETER DUBOSWKY, ESQ. DUBOWSKY LAW OFFICE, CHTD Attorneys for WESCO INSURANCE CO.
ROBERT T. EGLET, ESQ.
TRACY A. EGLET, ESQ.
BRITTNEY R. GLOVER, ESQ.
EGLET ADAMS
THEODORE PARKER, III, ESQ.
PARKER, NELSON & ASSOCIATES, CHTD.
Attorneys for Plaintiffs Jennifer Wyman, Bear Wyman, and the Estate of Charles Wyman
WILLIAM H. PRUITT, ESQ.
JOSEPH R. MESERVY, ESQ.
BARRON & PRUITT, LLP
Attorneys for Defendant SMART INDUSTRIES CORPORATION
CLIFF W. MARCEK, ESQ.
CLIFF W. MARCEK, P.C.
Attorneys for Plaintiffs SARA RODRIQUEZ, parent and guardian Of JACOB WYMAN
PETER DUBOSWKY, ESQ.
DUBOWSKY LAW OFFICE, CHTD
Attorneys for WESCO INSURANCE CO.
STIPULATION AND ORDER TO CONTINUE TRIAL (SECOND REQUEST)
STIPULATION AND ORDER TO CONTINUE TRIAL (Second Request)
COMES NOW, JENNIFER WYMAN, BEAR WYMAN, and THE ESTATE OF 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 Theodore Parker, III, Esq. of PARKER, NELSON & ASSOCIATES, CHTD; Plaintiffs, SARA RODRIGUEZ parent and guardian of JACOB WYMAN, by and through their counsel of record, Cliff W. Marcek, Esq. and Thomas Schwartz, Esq.; 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 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.
On January 19, 2022, the parties submitted their Joint Pretrial Order. See ECF No. 358. 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 continued to this Court's February 27, 2023 trial stack. The Wyman Plaintiffs recently discovered that their liability expert, E.P. Hamilton, III, Ph.D., P.E., will not be available until September 19, 2022 to meet with Plaintiffs' counsel. See Affidavit of Deborah R. Black, attached as Exhibit “1.” As such, Dr. Hamilton will be unavailable to testify at the September 12, 2022 trial. Id. Moreover, as this trial is anticipated to last twenty-one (21) days, the September 12, 2022 trial stack conflicts with counsel for Wesco, Peter Dubowsky's, Jewish holidays, which begin on September 23, 2022.
In the interests of fairness and justice and for good cause shown, the parties request a continuance of the September 12, 2022 trial date until this Court's February 27, 2023 trial stack. This request is not made for the purposes of undue delay and is brought in good faith. In light of 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 extended in accordance with the new trial date pursuant to LR 16-3.
ORDER
Based upon the Stipulation of the parties hereto, and for good cause, IT IS HEREBY ORDERED, that the trial date in this matter is continued from September 12, 2022 to February 27, 2023, at 9:00 a.m. The Calendar call currently set for September 7, 2022, is continued to February 22, 2023 at 1:30 p.m.
IT IS FURTHER ORDERED that the motion in limine deadline is extended in accordance with the new trial date pursuant to LR 16-3.