Eric Roy, Esq. 1 Nevada Bar No. 11869 2 Lynn R. Shoen, Esq. Nevada Bar No. 1197 3 ERIC ROY LAW FIRM 703 South Eighth Street 4 Las Vegas, Nevada 89101 5 T: (702) 423-3333 F: (702) 924-2517 6 [email protected] [email protected] 7 Attorney for Plaintiff 8 UNITED STATES DISCOVERY COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 ***** 11 MARY MICHELLE EUGENIO, an individual, CASE NO: 2-21-cv-00968 12 Plaintiffs, 13 vs.

14 GEICO ADVANTAGE INSURANCE COMPANY; DOES I through X, inclusive; and 15 ROE CORPORATIONS I through X, inclusive,

16 Defendants. 17 18 PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER 19 Pursuant to Local Rule 26-1, the parties submit their proposed Discovery Plan and 20 Scheduling Order. Deadlines that fall on a Saturday, Sunday or legal holiday have been scheduled 21 for the preceding or next judicial day. 22 1. Meeting: Pursuant to Federal Rule of Civil Procedure (“FRCP”) 26(f), a meeting 23 was held on September 15, 2021 and was attended by Lynn R. Shoen, Esq., of the 24 Eric Roy Law Firm for Plaintiff Mary Michelle Eugenio (“Plaintiff”) and Stacy Norris 25 of McCormick, Barstow, Sheppard, Wayte & Carruth, LLP for Defendant GEICO 26 Advantage Insurance Company (“Defendant”), (collectively, the “Parties”). 27 2. Pre-Discovery Disclosures: Pursuant to FRCP Rule 26(a)(1)(C), the Parties agree to 28 exchange initial disclosures fourteen (14) days from the FRCP 26(f) conference. 1 Accordingly, Plaintiff and Defendant will make their pre-discovery disclosures by 2 Wednesday, September 29, 2021. 3 3. Areas of Discovery: The Parties agree that the areas of discovery should include, but 4 are not limited to, breach of contract, liability, causation, damages, and all claims and 5 defenses allowed pursuant to the Federal Rules of Civil Procedure. 6 4. Discovery Plan: The Parties propose the following discovery plan: 7 A. Discovery Cut-Off Date(s). The Parties agree to nine (9) months of discovery 8 from the date of the FRCP 26(a)(1)(C) conference and thus the Parties propose 9 that the discovery cut-off date be Wednesday, June 15, 2022. 10 B. Amending the Pleadings and Adding Parties. The Parties shall have until 11 Thursday, March 17, 2022 to file any motions to amend the pleadings or add 12 parties. This is 90 days before the Discovery Cut-Off Date. 13 C. FRCP 26-1(b)(3). Disclosure of Experts. The Parties agree that disclosure 14 of experts shall proceed according to FRCP 26(a)(2) as follows: The 15 disclosure of experts and their reports shall occur on or before Monday, April 16 18, 2022. The disclosure of rebuttal experts and their reports shall occur on or 17 before Monday, May 16, 2022. These deadlines are 60 and 30 days before the 18 Discovery Cut-Off Date, respectively. 19 D. Dispositive Motions. The Parties shall have until Friday, July 15, 2022 to file 20 dispositive motions. This is 30 days after the Discovery Cut-Off Date, as 21 required by LR 26-1(b)(4). 22 E. Pre-Trial Order. The Parties will prepare a Consolidated Pre-Trial Order on 23 or before Monday, August 15, 2022, which is not more than 30 days after the 24 date set for filing Dispositive Motions in this case, as required by LR 26- 25 1(b)(5). This deadline will be suspended if Dispositive Motions are timely 26 filed until 30 days after the decision of the Dispositive Motions or until further 27 order of the Court. The disclosure required by FRCP Rule 26(a)(3), and 28 objections thereto, shall be made in the pre-trial order. 1 F. Extensions or Modifications of the Discovery Plan and Scheduling Order. 2 LR 26-3 governs modifications or extensions of this Discovery Plan and 3 Scheduling Order. Any stipulation or motion to extend a deadline set forth in 4 the Discovery Plan and Scheduling Order must be made no later than 21 days 5 before the subject deadline. Any stipulation or motion to extend the Discovery 6 Cut-Off period must be made no later than Wednesday, May 25, 2022, 21 days 7 before the Discovery Cut-Off Date. 8 G. Format of Discovery. Pursuant to the electronic discovery amendments to 9 the Federal Rules of Civil Procedure effective December 1, 2006, the Parties 10 addressed the e-discovery issues pertaining to the format of discovery at the 11 FRCP 26(f) conference. The Parties do not anticipate discovery of native files 12 or metadata at this time, but each party reserves the right to make a showing 13 of the need of such electronic data as discovery progresses. 14 H. FRCP 35 Examination. Defendant reserves the right to have Plaintiff 15 undergo an FRCP 35 Examination performed by Defendant doctor(s), to be 16 determined should Plaintiff assert future damages. Said independent medical 17 examination is allowed pursuant to the Federal Rules of Civil Procedure and 18 without waiving all objections thereto. 19 I. Alternative Dispute Resolution. The Parties certify that they met and 20 conferred about the possibility of using alternative dispute resolution 21 processes, including mediation, arbitration and, if applicable, early neutral 22 evaluation. 23 J. Alternative Forms of Case Disposition. The Parties have conferred on this 24 issue and they believe they will need at least some discovery and private 25 settlement discussions before they can make any determination if alternative 26 forms of case disposition are viable options for them. 27 28 1 K. Electronic Evidence. The Parties certify that they may present evidence in 2 electronic format to jurors for the purpose of jury deliberations in compliance 3 with the Court’s electronic jury evidence display system. 4 5 || Dated: September 16, 2021 Dated: September 16, 2021 6 || ERIC ROY LAW FIRM McCORMICK, BARSTOW, SHEPPARD, 7 WAYTE & CARRUTH, LLP 8 /s/ Lynn R. Shoen /s/ Stacy Norris g || Eric Roy, Esq. Jonathan W. Carlson, Esq. Nevada Bar No. 11869 Nevada Bar No. 10536 10 || Lynn R. Shoen, Esq. Stacy Norris, Esq. Nevada Bar No. 1197 Nevada Bar No. 15445 11 ||

" Street Tayler D. Martinez, Esq. Las Vegas, Nevada 89101 Nevada Bar No. 14921 12 || Attorneys for Plaintiff 8337 W. Sunset Road, Suite 350 3 Las Vegas, Nevada 89113 Attorneys for Defendant 14

«16 17 18 19 20 21 Order 22 IT IS ORDERED that ECF No. 11 is DENIED without prejudice for failure to comply with LR 23 26-1(a). IT IS FURTHER ORDERED that the 24 parties are to file another joint proposed discovery plan and scheduling order by 9/24/2021. 25 IT IS SO ORDERED 26 DATED: 11:24 am, September 17, 2021 97 Fron la webtn | BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 28

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