Wesco Insurance Company v. Smart Industries Corporation
Plaintiff: Wesco Insurance Company
Defendant: Smart Industries Corporation
Case Number: 2:2016cv01206
Filed: May 31, 2016
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Carl W. Hoffman
Presiding Judge: James C. Mahan
Nature of Suit: P.I.: Other
Cause of Action: 28:1441 Petition for Removal- Personal Injury
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 30, 2021 Opinion or Order 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)
January 25, 2021 Opinion or Order 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)
January 13, 2021 Opinion or Order 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)
October 30, 2020 Opinion or Order 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)
October 21, 2020 Opinion or Order 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)
October 16, 2020 Opinion or Order 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)
September 23, 2020 Opinion or Order 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)
September 10, 2020 Opinion or Order 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)
July 29, 2020 Opinion or Order 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)
July 22, 2020 Opinion or Order 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)
June 30, 2020 Opinion or Order 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)
June 8, 2020 Opinion or Order 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)
May 1, 2020 Opinion or Order 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)
April 3, 2020 Opinion or Order 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)
April 2, 2020 Opinion or Order 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)
March 26, 2020 Opinion or Order 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)
March 23, 2020 Opinion or Order 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)
March 2, 2020 Opinion or Order 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)
February 26, 2020 Opinion or Order 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)
February 19, 2020 Opinion or Order 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)
February 11, 2020 Opinion or Order 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)
February 10, 2020 Opinion or Order 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)
February 6, 2020 Opinion or Order 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)
November 8, 2019 Opinion or Order 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)
August 16, 2019 Opinion or Order 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)
July 30, 2019 Opinion or Order 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)
July 18, 2019 Opinion or Order 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) .
June 4, 2019 Opinion or Order 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)
May 17, 2019 Opinion or Order 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)
April 4, 2019 Opinion or Order 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)
February 26, 2019 Opinion or Order 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)
February 4, 2019 Opinion or Order 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)
December 28, 2018 Opinion or Order 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)
November 30, 2018 Opinion or Order 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)
August 17, 2018 Opinion or Order 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)
July 17, 2018 Opinion or Order 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)
October 25, 2017 Opinion or Order 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)
August 8, 2017 Opinion or Order 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)
June 29, 2017 Opinion or Order 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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