1 ALELAVNENRS SOANN TDAEYRSL,O ERS Q&. SANDERS 2 Nevada Bar No.: 000390 COURTNEY CHRISTOPHER, ESQ. 3 Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 4 Las Vegas, NV 89149 Telephone: (702) 384-7000 5 [email protected] 6 Attorneys for Defendant NEVADA CVS PHARMACY, LLC 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 ** 10 ATOM MILLER, Case No.: 2:19-cv-01554-RFB-VCF 11 Plaintiff, vs. 12 STIPULATION TO EXTEND 13 NEVADA CVS PHARMACY, LLC; a Nevada DISCOVERY AND AMEND Limited Liability Company; DOES I-X and ROE DISCOVERY SCHEDULING ORDER 14 CORPORATIONS I-X, inclusive, (THIRD REQUEST) 15 Defendants. 16 17 STIPULATION TO EXTEND DISCOVERY AND AMEND DISCOVERY SCHEDULING ORDER 18 (THIRD REQUEST) 19 COMES NOW Plaintiff, ATOM MILLER (hereinafter “Plaintiff”); Defendant NEVADA 20 CVS PHARMACY, L.L.C. (hereinafter “CVS”) by and through their respective undersigned 21 counsel of record and hereby stipulate to modifying the Scheduling Order pursuant to FRCP 22 16(b)(4) and extend discovery pursuant to Local Rule 26-4 as set forth herein. 23 I. 24 LEGAL STANDARD 25 Federal Rule of Civil Procedure 16(b) provides that a case management schedule can be 26 modified upon a showing of good cause and by leave of the district judge. The good cause 27 standard primarily considers the diligence of the party seeking the amendment. Johnson v. 28 1 Mammoth Recreations, Inc.,

(9th Cir. 1992). A party moving for an 2 amendment to a scheduling order must therefore show that the scheduling order imposes 3 deadlines that have become unworkable notwithstanding its diligent efforts to comply with the 4 schedule, and that it was diligent in seeking the amendment once it became apparent that 5 extensions were necessary. Jackson v. Laureate, Inc.,

(E.D. Cal. 1999). 6 Pursuant to Nevada District Court Local Rule 26-4, a motion or stipulation to extend a 7 discovery deadline or to reopen discovery must include: (a) A statement specifying the discovery 8 completed; (b) A specific description of the discovery that remains to be completed; (c) The 9 reasons why the deadline was not satisfied or the remaining discovery was not completed within 10 the time limits set by the discovery plan; and (d) A proposed schedule for completing all 11 remaining discovery. 12 II. 13 BACKGROUND 14 This case arises out of an alleged slip-and-fall incident at the CVS Store in Las Vegas, 15 Nevada (Store No. 8798). Plaintiff’s Complaint was filed against CVS, alleging causes of action 16 for negligence. Plaintiff alleges that on December 20, 2017, as he was exiting the CVS store, an 17 advertisement sign had fallen onto the ground due to a gust of wind. Plaintiff alleges he slipped 18 on the sign leading to his injuries as described in his Complaint. 19 III. 20 STIPULATION & DISCUSSION 21 All counsel has been diligent in completing discovery and familiarizing themselves with 22 the facts and issues. However, with the delays from the COVID quarantine all required discovery 23 was delayed. In the interim, the parties have engaged in settlement discussions. As such, the parties 24 would like to avoid potentially unnecessary discovery expenses and preserve judicial resources 25 while potentially moving toward a mutual settlement agreement. Thus, it is now anticipated that the 26 current discovery deadlines will be unworkable. 27 / / / 28 / / / 1 In addition, a trial has not yet been set and is not imminent; (2) there is no party 2 opposing the request; (3) and no party has expressed prejudice. Therefore, pursuant to the 3 foregoing FRCP 16(b)(4) and Local Rule 26-4 this stipulation is warranted and justified by good 4 cause. 5 A. Discovery Completed To Date 6 1. Both Plaintiff and CVS have made/served their FRCP 26(f) Disclosures and 7 continue to provide supplements thereto. 8 2. Plaintiff has propounded written discovery and Defendant has responded to said 9 written discovery and provided supplements in relation thereto. 10 3. Defendant is in the process of obtaining Plaintiff’s medical records. 11 B. Discovery Remaining 12 A substantial amount of discovery remains to be completed in this matter. Defendant is 13 still in the process of independently obtaining Plaintiff’s medical records. The depositions of 14 Plaintiff Atom Miller and Defendant CVS’ 30(b)(6) witness must still be taken; as well as any 15 fact witness deposition that may arise from party depositions. Experts still need to complete 16 their reviews/inspections, as well as any additional necessary written discovery that may arise in 17 the normal course of discovery. 18 C. The Reasons Why Discovery Remaining Was Not Completed 19 Due to the COVID-19 outbreak most discovery was unable to be safely accomplished, to 20 include site inspections and in-person depositions. During the quarantine period both parties 21 were actively engaging in settlement discussions and believe that a settlement is a potential 22 outcome at this time. Additionally, both parties have had delays with timely acquiring medical 23 and billing records from providers who have also been impacted by the COVID-19 pandemic. 24 The parties are requesting a three month extension to allow them the necessary time to continue 25 with settlement discussions prior to the expert disclosure deadline and the accrual of additional 26 litigation expenses. 27 / / / 28 / / / 1 For these good causes shown, the parties propose the following ninety (90) day extension 2 to the Scheduling Order to fully complete discovery and avoid additional requests to extend the 3 same. The deadlines are based on the current state of settlement discussions and allowing for 4 sufficient time to safely notice and take the depositions of Defendants 30(b)(6) witness and 5 Plaintiff, while also providing for additional time for the parties expert to review and submit their 6 reports should settlement discussions prove unsuccessful. 7 D. Proposed Amended Scheduling Order 8 Deadline Current Proposed Interim Status Report September 10, 2020 December 10, 2020 9 Initial Expert Disclosure September 10, 2020 December 10, 2020 10 Rebuttal Expert Disclosure October 12, 2020 January 11, 2021 11 Close of Discovery November 10, 2020 February 10, 2021 Dispositive Motions December 12, 2020 March 10, 2021 12 Joint Pre-Trial Order January 11, 2021 April 12, 2021 13 THE FOREGOING IS HEREBY STIPULATED AND AGREED. 14 Dated this 1st day of September, 2020. Dated this 10th day of September, 2020. 15 16 ADAM SMITH LAW ALVERSON TAYLOR & SANDERS 17 /s/ Christian A. Miles /s/ LeAnn Sanders Christian A. Miles, Esq. LeAnn Sanders, Esq. 18 Nevada Bar No.: 013193 Nevada Bar No.: 000390 6130 Elton Ave. Courtney Christopher, Esq. 19 Las Vegas, NV 89107 Nevada Bar No.: 012717 Attorneys for Plaintiff 20 6605 Grand Montecito Parkway, Ste. 200 ATOM MILLER Las Vegas, NV 89149 21 Attorneys for Defendant NEVADA CVS PHARMACY, LLC 22 23 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 24 days after decision on the dispositive motions or further 25 court order. 26 27 28 1 Atom Miller vs. Nevada CVS Pharmacy, LLC Case No.: 2:19-cv-01554-RFB-VCF 2 Stipulation to Extend Discovery and Amend Discovery Scheduling Order Request) 5 ORDER Pursuant to the stipulation of the appearing parties, and good cause appearing therefore, IT IS SO ORDERED. 6 Dated this 10th day of September, 2020. 7 Live vette 9 ae . United States Magistrate Judge 10 11 || Respectfully submitted by, 12 ||} ALVERSON TAYLOR & SANDERS & = (13 | Be 14 || By:s/LeAnn Sanders BS LeAnn Sanders, Esq. 15 || Nevada Bar No.: 000390 “g Courtney Christopher, Esq. 16 || Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 $ 17 Las Vegas, NV 89149 1g || Attorneys for Defendant NEVADA CVS PHARMACY, LLC 19 20 21 22 23 24 25 26 27 28 5 CC-26579

1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5, I hereby certify that | am an employee of ALVERSON TAYLOR & 3 || SANDERS and that on the 10" day of September, 2020, I caused to be served via CM/ECF a 4 ||true and correct copy of STIPULATION TO EXTEND DISCOVERY AND AMEND 5 || DISCOVERY SCHEDULING ORDER (THIRD REQUEST), to the following: 6 Adam D. Smith, Esq. 7 Christian A. Miles, Esq. ADAM SMITH LAW 8 6130 Elton Ave. Las Vegas, NV 89107 9 [email protected] [email protected] 10 Attorneys for Plaintiff 1]

13 Ss An Employee of 2 44 ALVERSON TAYLOR & SANDERS ESE

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4 16 o:\cases\26579\pleadings\sao to ext disc 03.doc

17 18 19 20 21 22 23 24 25 26 27 28 6 CC-26579