1 Jack P. Burden, Esq. Nevada State Bar No. 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 BACKUS, CARRANZA & BURDEN 4 3050 South Durango Drive Las Vegas, NV 89117 5 T: (702) 872-5555 F: (702) 872-5545 6 [email protected] Attorneys for Defendant The Vons Companies, Inc. 7

8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 PAMELA PORTER, 2:20-cv-01899-GMN-DJA 11 Plaintiff, 12 STIPULATION AND ORDER TO vs. EXTEND DISCOVERY DEADLINES 13 (FIRST REQUEST) THE VONS COMPANIES, INC., 14

15 Defendant.

16 In accordance with Local Rules of Practice for the United States District Court for the 17 District of Nevada (“LR”) 26-4, Defendant The Vons Companies, Inc. (“Defendant”), by and 18 through its counsel of record, the law firm of BACKUS, CARRANZA & BURDEN, and Plaintiff Pamela 19 Porter (“Plaintiff”), by and through her counsel of record, BERNSTEIN & POISSON, hereby stipulate 20 and agree to an extension of all remaining discovery deadlines by ninety (90) days. The parties 21 22 propose the following revised discovery plan: 23 Pursuant to Local Rule 6-1(b), the Parties hereby aver that this is the first such discovery 24 extension requested in this matter. Moreover, pursuant to Local Rule 26-3, it is respectfully 25 submitted the Parties’ failure to request the instant extension of discovery twenty-one (21) days 26 prior to the deadline for initial expert disclosure was the result of excusable neglect. Specifically 27 noting the failure to request the extension of was a mere oversight by the Parties. Bateman v. U.S. 28 1 Postal Service,

(9th Cir. 2000). Further: 1) there is no danger of prejudice as the 2 extension is stipulated by the Parties; 2) a one hundred eighty (180) day extension will not impact 3 a trial date because the same has not been scheduled; 3) the Parties, their respective Counsel, and 4 witnesses have been limited in appearing for deposition due to the Covid-19 pandemic; and 4) the 5 requested extension is made in good faith by both Parties. Pioneer Investment Services v. 6 Brunswick Associate’s, Ltd.,

(1993). 7 8 I. 9 DISCOVERY COMPLETED TO DATE 10 1. Plaintiff served her Initial Disclosure Pursuant to FRCP 26 on November 6, 2020; 11 2. Defendant served its Initial Disclosure Pursuant to FRCP 26 on November 16, 2020; 12 3. Defendant produced its First Sets of Requests for Production, Interrogatories, and 13 Requests for Admission to Plaintiff, which were answered; 14 15 4. Defendant served its First Supplemental Disclosure Pursuant to FRCP 26 on March 30, 16 2021; 17 5. Defendant noticed the custodian of record of the following: 18 a. CHC1-Primary Care; 19 b. Desert Radiology; 20 c. Interventional Pain and Spine Institute; 21 d. Kelly Hawkins Physical Therapy; and 22 23 e. Surgical Arts Center/Interventional Pain and Spine Institute. 24 II. 25 DISCOVERY TO BE COMPLETED AND REASONS 26 FOR EXTENSION OF DISCOVERY 27 Discovery to be completed includes: 28 1 1. Additional propounded written discovery by and upon the Parties. 2 2. Deposition of Plaintiff. 3 3. Depositions of fact witnesses. 4 4. Depositions of Plaintiff’s treating medical providers. 5 5. Depositions of Defendant’s employees. 6 6. Deposition of Defendant’s FRCP 30(b)(6) representative(s). 7 8 7. FRCP 26(a)(2) designation of initial and rebuttal expert witnesses. 9 8. Depositions of initial and rebuttal expert witnesses. 10 9. FRCP 35 examination of Plaintiff. 11 Additional written discovery and depositions as the Parties deem necessary. 12 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested 13 extension. 14 15 Further, the Parties wish to investigate this case by conducting additional depositions of 16 important witnesses prior to initial expert disclosures in an effort to determine if resolution of this 17 matter may be reached prior to incurring fees and costs associated with disclosing experts and their 18 respective opinions. 19 III. 20 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME SET BY 21 DISCOVERY PLAN 22 23 This request is three-fold. First, the onset of the Covid-19 pandemic has made conducting 24 depositions – especially depositions of physicians, many of whom have an understandably increased 25 workflow and decreased availability – and other discovery-related tasks more difficult. Second, due to 26 internal office changes, Plaintiff is now represented by new counsel and additional time was needed to 27 allow counsel time to become familiar with the file. Third, defendant The Vons Companies 28 1 anticipates some difficulty producing its out-of-state FRCP 30(b)(6) designee given the massive 2 increase in grocery store demand during the pandemic. As such, the parties agree to extend discovery 3 deadlines for ninety (90) days. The parties have entered into this agreement in good faith and not 4 for purposes of delay. 5 IV. 6 DISCOVERY DEADLINES 7 8 Discovery cutoff: June 8, 2021 9 Amending the pleadings or adding parties: March 10, 2021 10 Expert disclosures: April 9, 2021 11 Rebuttal expert disclosures: May 10, 2021 12 Dispositive motions: July 8, 2021 13 VII. 14 15 [PROPOSED] NEW DISCOVERY DEADLINES 16 Discovery cutoff: September 6, 2021 17 Amending the pleadings or adding parties: Closed 18 Expert disclosures: July 8, 2021 19 Rebuttal expert disclosures August 9, 2021 20 Dispositive motions: October 6, 2021 21 The Parties aver that this request for extension of discovery deadlines is made by the 22 23 . . . . 24 . . . . . . . . 25 . . . . 26 . . . . 27 . . . . 28 ] CASE NO.: 2:20-cv-01899-GMN-DJA Porter v. The Vons Companies, Inc. 2 Stipulation and Order to Extend (First Request) 3 4 > Parties in good faith and not for the purpose of delay. 6 7 DATED this 9th day of April, 2021. DATED this 9" day of April, 2021. 8 || BERNSTEIN & POISSON BACKUS, CARRANZA & BURDEN. 9 10 1] || Amber King /s/ Jacquelyn Franco AMBER KING, ESQ. JACK P. BURDEN, ESQ. 12 || Nevada Bar No. 14070 Nevada Bar No. 6918 700 S. Jones Blvd. JACQUELYN FRANCO, ESQ. 13 Las Vegas, Nevada 89107 Nevada Bar No. 13484 14 Attorney for Plaintiff 3050 South Durango Drive Las Vegas, Nevada 89117 15 Attorneys for Defendant 16 17 IT IS SO ORDERED subject to the following modification. The parties' plan 18 fails to include a deadline for filing their joint pretrial order. Accordingly, the deadline to file the Joint Pretrial Order is November 5, 2021. If dispositive motions 19 are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.

21 DATED this 12th day of April 2021. 22 23 24 oo pO DANIEL J. ALBREGTS } 25 UNINTED STATES MAGISTRATE JUDGE 26 27 28