Wesco Insurance Company v. Smart Industries Corporation
| Wesco Insurance Company |
| Smart Industries Corporation |
| 2:2016cv01206 |
| May 31, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Carl W. Hoffman |
| James C. Mahan |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
471
ORDER Granting 470 Stipulation to Dismiss with prejudice. Signed by Judge James C. Mahan on 9/6/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
468
ORDER Granting 467 Stipulation to dismiss. IT IS ORDERED that all claims asserted by or on behalf of JACOB WYMAN, including all claims asserted by SARA RODRIGUEZ, as natural parent and guardian ad litem, are DISMISSED WITH PREJUDICE. Each party to bear its own costs and fees. Signed by Judge James C. Mahan on 6/14/2023. (Copies have been distributed pursuant to the NEF - AF)
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Filing
458
ORDER Granting 457 Stipulation to Vacate Trial and Related Deadlines. Signed by Judge James C. Mahan on 2/6/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Filing
456
ORDER Granting 455 Stipulation re Motions in Limine. See Order for Details. Signed by Judge James C. Mahan on 1/30/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
433
ORDER Granting 359 Motion for clarification or in the alternative to withdraw their negligence based claims against Smart Industries. Signed by Judge James C. Mahan on 9/6/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
431
ORDER Granting 430 Stipulation for Extension of Time re 415 Motion. Replies due by 9/2/2022. Signed by Judge James C. Mahan on 8/26/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
427
ORDER Granting 426 Stipulation for Extension of Time re 415 Motion. Responses due by 8/19/2022. Signed by Judge James C. Mahan on 8/17/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
425
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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Filing
422
ORDER Granting in part and Denying in part 408 Motion for Reconsideration. Dr. Clauretie must provide a further supplemental report excluding household services damages by 8/12/2022. Signed by Magistrate Judge Nancy J. Koppe on 8/8/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
413
ORDER Denying 412 Motion For Clarification without prejudice. Motions due by 7/28/2022. Responses due by 8/3/2022. Signed by Magistrate Judge Nancy J. Koppe on 7/26/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
401
ORDER. Defendant is hereby ORDERED to provide a courtesy copy of this motion (and exhibits filed in conjunction therewith) by noon on June 6/22/2022. Signed by Magistrate Judge Nancy J. Koppe on 6/16/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
394
ORDER Granting 391 Stipulation for Extension of Time re 368 , 369 , and 370 Motion in Limine. Replies due by 5/25/2022. Signed by Judge James C. Mahan on 5/23/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
383
ORDER Granting 382 Stipulation for Extension of Time re 368 Motion in Limine, 369 Motion in Limine, 370 Motion in Limine. Responses due by 5/4/2022. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
372
ORDER Granting 371 Motion Request for Exception from Personal Attendance at Settlement Conference. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 4/8/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
361
ORDER Granting 358 Joint Pretrial Order Calendar Call set for 9/7/2022 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 9/12/2022 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 2/3/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
357
ORDER Granting 356 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 1/19/2022. Signed by Magistrate Judge Elayna J. Youchah on 1/13/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
355
ORDER Granting 354 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 1/12/2022. Signed by Magistrate Judge Elayna J. Youchah on 12/22/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
353
ORDER Granting 351 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 12/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 12/3/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
350
ORDER Granting 349 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 11/30/2021. Signed by Judge James C. Mahan on 11/15/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
348
ORDER Granting 347 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 11/12/2021. Signed by Judge James C. Mahan on 11/8/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
346
ORDER Granting 345 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 11/8/2021. Signed by Judge James C. Mahan on 11/2/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
344
ORDER granting 343 Stipulation to Extend Time to File Proposed Joint Pretrial Order. Signed by Judge James C. Mahan on 10/15/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
341
ORDER. IT IS ORDERED that the four pending motions in limine ECF Nos. 288 , 289 , 294 , and 322 be, and the same hereby are, DENIED, without prejudice. Signed by Judge James C. Mahan on 9/16/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
338
ORDER. IT IS ORDERED that 331 Defendant Smart Industries Corporation dba Smart Industries Corp., MGFs Motion to Strike Terrence Clauretie as an Expert Witness is DENIED; provided, however, that Smart shall be entitled to depose Dr. Clauretie at its convenience within 60 days of the date of this Order. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 8/18/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
334
ORDER Granting 333 Stipulation for Extension of Time Re: 331 Motion to Strike. Responses due by 5/17/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/27/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
330
ORDER Granting 329 Stipulation to Substitute. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
321
ORDER. IT IS ORDERED that 270 the Wymans' motion to amend their complaint and withdraw their negligence-based claims against Smart Industries be, and the same hereby is, GRANTED. The Wymans' negligence, res ipsa loquitur, and corporate negligence/vicarious liability claims against Smart Industries are DISMISSED with prejudice. Signed by Judge James C. Mahan on 1/25/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
317
ORDER granting 316 STIPULATION of Dismissal with Prejudice as to Defendant Boulevard Ventures, LLC only. Signed by Judge James C. Mahan on 1/13/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
309
ORDER Granting 308 Stipulation for Extension of Time Re: 288 , 289 , 294 Motion in Limine. Replies due by 11/5/2020. Signed by Judge James C. Mahan on 10/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
302
ORDER granting ECF No. 301 Stipulation : Response to ECF No. 294 Motion in Limine No. 7 due by 10/22/2020. Signed by Judge James C. Mahan on 10/21/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
300
ORDER Granting 299 Stipulation for extension of Time Re: 288 Motion in Limine, 289 Motion in Limine. Responses due by 10/22/2020. Signed by Judge James C. Mahan on 10/16/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
282
ORDER Granting 281 Stipulation for Extension of Time Re: 270 Motion. Replies due by 9/29/2020. Signed by Judge James C. Mahan on 9/23/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
275
ORDER Granting 274 Stipulation for Extension of Time re 269 , 270 Motions (First Request). Responses/Replies due by 9/15/2020. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing
268
ORDER. IT IS ORDERED that 267 the Stipulation to Extend hereinabove is hereby Granted. Signed by Magistrate Judge Elayna J. Youchah on 7/29/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
266
ORDER. IT IS ORDERED that 212 the Wymans' motion for partial summary judgment as to comparative fault be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that 215 the Wymans' motion for partial summary judgment as to the cause of decedents death be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that 216 the Wymans' motion for partial summary judgment as to special damages be, and the same hereby is, GRANTED as to the $168,376.48 in expenses, and DENIED as to lost wages. Signed by Judge James C. Mahan on 7/22/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
265
ORDER Granting 264 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 6/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
262
ORDER. IT IS ORDERED that 210 Defendant's Memorandum of Fees and Costs Related to its Motion to Strike is GRANTED in the reduced amount of $7,617.20, as explained above. IT IS FURTHER ORDERED that Plaintiffs are to make payment to Defendant within 30 days of the date of this Order unless an objection is filed. Signed by Magistrate Judge Elayna J. Youchah on 6/8/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
253
ORDER Granting 252 Stipulation for Extension of Time Re: 212 , 215 , 216 Motion for Partial Summary Judgment. Replies due by 5/15/2020. Signed by Judge James C. Mahan on 5/1/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
244
ORDER Granting 241 Stipulation for Extension of Time. Re: 216 Motion for Partial Summary Judgment,, 212 Motion for Partial Summary Judgment, 215 Motion for Partial Summary Judgment. Responses due by 4/17/2020. Signed by Judge James C. Mahan on 4/3/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
243
ORDER Granting 242 Stipulation. IT IS HEREBY ORDERED, that KATHRYN HARDESTY will substitute for VIVIAN SOOF as Joint Special Administrator of the ESTATE OF CHARLES WYMAN. Signed by Magistrate Judge Elayna J. Youchah on 4/2/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
240
ORDER Granting 238 Stipulation for Extension of Time Re: 212 Motion for Partial Summary Judgment, 215 Motion for Partial Summary Judgment, 216 Motion for Partial Summary Judgment, Responses due by 4/3/2020. Signed by Judge James C. Mahan on 3/26/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
237
ORDER Granting 236 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 3/23/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
206
ORDER re 202 Minutes of Proceedings. See Order for details. Signed by Magistrate Judge Elayna J. Youchah on 3/2/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing
203
ORDER Granting 200 Stipulation for Extension of Time Re: 181 Motion in Limine, 182 Motion in Limine, 183 Motion in Limine, 184 Motion in Limine. Responses due by 3/6/2020. Signed by Judge James C. Mahan on 2/26/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
199
ORDER. The Court HEREBY ORDERS that 156 Smart Industries Corporation's Motion to Strike Wyman Plaintiffs' Fourth Disclosure of Documents and Witnesses is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that discovery is reop ened for a period of 45 days, beginning from the date of this Order. IT IS FURTHER ORDERED that the Wyman Plaintiffs shall be required to pay the reasonable attorneys fees and costs incurred by Smart Industries for bringing the Motion to Strike, an d Reply in Support therefore. IT IS FURTHER ORDERED that Smart Industries shall, within 14 days of the date of this Order, submit a memorandum, supported by affidavit of counsel, establishing the amount of attorneys fees and costs incurred as address ed in this Order. IT IS FURTHER ORDERED that Defendant shall have five (5) days from service of the memorandum of costs and attorneys fees, in which to file a responsive memorandum addressing the reasonableness of the costs and fees sought, and any e quitable considerations deemed appropriate for the Court to consider in determining the amount of costs and fees which should be awarded. IT IS FURTHER ORDERED that a hearing is set for 3 p.m. on 2/25/2020 in Courtroom 4B. Signed by Magistrate Judge Elayna J. Youchah on 2/19/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
194
ORDER Granting 192 Stipulation for Extension of Time Re: 181 Motion in Limine, 182 Motion in Limine, 183 Motion in Limine, 184 Motion in Limine. Responses due by 2/25/2020. Signed by Judge James C. Mahan on 2/11/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
191
ORDER. IT IS HEREBY ORDERED that 36 Defendant Boulevard Ventures, LLC's Motion for Determination of Good Faith Settlement (filed in 2:16-cv-02378 consolidated with 2:16-cv-01206) is GRANTED. IT IS FURTHER ORDERED that the parties to this set tlement shall submit a stipulation to dismiss claims asserted by Plaintiffs Jennifer Wyman, Bear Wyman and the Estate of Charles Wyman against Defendant Boulevard Ventures, LLC within five business days of payment of settlement funds, each party to bear its own fees and costs. Signed by Magistrate Judge Elayna J. Youchah on 2/10/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
187
ORDER. IT IS ORDERED that 174 Hi-Tech Security Inc and William Roseberry's Motion for Determination of Good Faith Settlement is GRANTED. Signed by Magistrate Judge Elayna J. Youchah on 2/6/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
171
ORDER granting 168 Stipulation; Re: 156 Motion to Strike. Replies due by 11/8/2019. Signed by Magistrate Judge Elayna J. Youchah on 11/8/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
130
ORDER. IT IS HEREBY ORDERED that 128 the Joint Stipulation to Join Sara Rodriguez as a Plaintiff is GRANTED in part and DENIED in Part. IT IS FURTHER ORDERED that 78 Defendants Hi-Tech and William Roseberrys' Motion for Joinder of Jacob Wyman as a Compulsory Plaintiff is moot, and any dates set pertaining to such motion are vacated. See Order for details/deadlines. Signed by Magistrate Judge Elayna J. Youchah on 8/16/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing
125
ORDER. IT IS HEREBY ORDERED that the parties shall file a stipulation and/or a status report informing the Court of the state court plaintiffs' consent to removal no later than 8/5/2019. Signed by Magistrate Judge George Foley, Jr on 7/30/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing
122
ORDER. IT IS ORDERED that the parties shall shall file a stipulation and/or a status report informing the Court of the state court plaintiffs' consent to removal no later than 7/29/2019. Signed by Magistrate Judge George Foley, Jr on 7/18/2019. (Copies have been distributed pursuant to the NEF - JQC) .
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Filing
94
ORDER granting 90 Stipulation; Re: 78 Motion for Leave to File Document, 77 Motion for Leave to File Document, 79 Motion to Stay Case, Responses due by 6/7/2019. Replies due by 6/17/2019. Signed by Magistrate Judge George Foley, Jr on 6/4/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
84
ORDER Granting 82 Stipulation to Extend Time. Proposed Joint Pretrial Order due by 5/17/2019. Signed by Judge James C. Mahan on 5/17/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
73
ORDER granting 72 Stipulation. Proposed Joint Pretrial Order due by 5/1/2019. Signed by Magistrate Judge Carl W. Hoffman on 4/4/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
70
ORDER granting 69 Stipulation. Proposed Joint Pretrial Order due by 4/1/2019. Signed by Magistrate Judge Carl W. Hoffman on 2/26/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
68
ORDER granting 67 Stipulation. Proposed Joint Pretrial Order due by 3/1/2019. Signed by Magistrate Judge Carl W. Hoffman on 2/4/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
65
ORDER granting 64 Stipulation. Proposed Joint Pretrial Order due by 2/1/2019. Signed by Magistrate Judge Carl W. Hoffman on 12/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
63
ORDER granting 62 Stipulation to Extend Deadline. Proposed Joint Pretrial Order due by 1/2/2019. Signed by Magistrate Judge Carl W. Hoffman on 11/30/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
55
ORDER granting 54 Stipulation for Settlement Conference. The court will enter a separate order scheduling the settlement conference. Signed by Magistrate Judge Carl W. Hoffman on 8/17/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
53
ORDER that 37 defendants Hi-Tech Security Inc. and William Roseberry's Motion for Summary Judgment is DENIED. FURTHER ORDERED that 38 defendant Smart Industries Corporation's Motion for Summary Judgment is DENIED. Signed by Judge James C. Mahan on 7/17/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
36
ORDER Granting 35 Motion to Substitute Attorney. Marsha L. Stephenson is substituted in place and stead of Kenneth E Goates and Carrie McCrea Hanlon. Signed by Magistrate Judge Carl W. Hoffman on 10/25/17. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
34
ORDER that plaintiffs' motion to remand to state court (ECF No. 3 in member case 2:16-cv-02378-JCM-CWH) is DENIED. FURTHER ORDERED that defendant Boulevard Ventures, LLC's motion to strike punitive damages (ECF No. 12 in member case 2:1 6-cv-02378-JCM-CWH) be, and the same hereby is, DENIED as moot in light of the order (ECF No. 28 in member case 2:16-cv-02378-JCM-CWH) granting the parties stipulation to dismiss plaintiffs' punitive damages allegations (ECF No. 27 in member case 2:16-cv-02378-JCM-CWH). Signed by Judge James C. Mahan on 8/8/17. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
31
REPORT AND RECOMMENDATION that 19 Motion to Consolidate Cases be granted. Objections to R&R due by 7/13/2017. Signed by Magistrate Judge Carl W. Hoffman on 6/2917. (Copies have been distributed pursuant to the NEF - MMM)
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| Defendant: Smart Industries Corporation | |
| Represented By: | David L. Barron |
| Represented By: | Joseph R. Meservy |
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| Plaintiff: Wesco Insurance Company | |
| Represented By: | Peter Dubowsky |
| Represented By: | Amanda C. Vogler |
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