1 || Justin C. Jones, Esq. Nevada State Bar No. 8519 2 || Nicole E. Lovelock, Esq. Nevada State Bar No. 11187 3 || Stephen A. Davis, Esq. Nevada State Bar No. 14185 4 || JONES LOVELOCK 6600 Amelia Earhart Ct., Suite C 5 || Las Vegas, Nevada 89119 Telephone: (702) 805-8450 6 || Facsimile: (702) 805-8451 Email: [email protected] 7 || Email: [email protected] Email: [email protected] Attorneys for L.L.O., Inc. dba 9 || ACME Electric, TAB Contractors, Inc., and Liberty Mutual Insurance Company 10 1] 12 UNITED STATES DISTRICT COURT AD 13 DISTRICT OF NEVADA

14 |] KIEWIT INFRASTRUCTURE WEST CO., a CASE NO.: 2:20-cv-00493-RFB-DJA Delaware corporation, 15 §, Plaintiff, |Iv. STIPULATION TO EXTEND <4 17]|L.L.0., INC. dba ACME ELECTRIC, a Nevada | DISCOVERY DEADLINES S corporation; TAB CONTRACTORS, INC., a 8 18 || Nevada corporation; LIBERTY MUTUAL (FOURTH REQUEST) INSURANCE COMPANY, a Massachusetts 19 || corporation, 20 Defendants. 21 || AND RELATED COUNTER-CLAIM AND THIRD-PARTY CLAIM 22 23 It is hereby stipulated by and between Plaintiff / Counterdefendant / Third-Party Defendant 24 || Kiewit Infrastructure West Co. (“Kiewit”), Third-Party Defendant Travelers Casualty and Surety 25 || Company of America (“Travelers”), Defendants / Counterclaimants / Third-Party Plaintiffs L.L.O. 26 || Inc. dba Acme Electric (“ACME”) and TAB Contractors, Inc. (“TAB”), and Defendant Liberty 27 || Mutual Insurance Co. (“Liberty”, together with ACME and TAB, the “Subcontractors”), by and 28 || through their respective counsel of record, to extend discovery deadlines from May 17, 2022 to

1 || September 14, 2022 (the “Stipulation”), for the reasons stated herein. 2 A. Discovery completed to date. 3 ITEM DATE 4 Rule 26(f) Conference June 17, 2020 5 Subcontractors’ Initial FRCP Rule 26(a) Disclosure July 8, 2020 6 Kiewit’s Initial FRCP Rule 26(a) Disclosure July 8, 2020 7 Subcontractors’ First Supplemental Disclosure July 31, 2020 8 Kiewit’s First Supplemental Initial Disclosure August 3, 2020 9 Subcontractors’ Second Supplemental Disclosure August 5, 2020 10 Subcontractors’ First Requests for Production of Documents to August 10, 2020 11 Kiewit Kiewit’s Initial Production of Documents August 24, 2020

12 Kiewit’s First Requests for Production of Documents to ACME August 31, 2020 13 2 = Kiewit’s First Requests for Production of Documents to TAB August 31, 2020 14 Kiewit’s First Interrogatories to ACME August 31, 2020 15 a Kiewit’s First Requests for Admission to ACME August 31, 2020 o 16 = Kiewit’s Amended First Requests for Admissions to ACME September 1, 2020 <4 17 S Kiewit’s First Interrogatories to TAB September 1, 2020 18 \o Kiewit’s Responses to the Subcontractors’ First Requests for September 16, 2020 19 Production of Documents to Kiewit 30 Kiewit’s First Production of Documents September 24, 2020 Kiewit’s Second Supplemental Initial Disclosures September 30, 2020 ACME’s Responses to Kiewit’s Amended Requests for October 27, 2020 Admissions 23 ACME’s Responses to Kiewit’s Request for Production of | October 27, 2020 Documents 24 ACME’s Responses to Kiewit’s Interrogatories October 27, 2020 25 TAB’s Responses to Kiewit’s Interrogatories October 27, 2020 26 Subcontractors’ Third Supplemental Disclosure October 27, 2020 27 Kiewit’s Second Set of Interrogatories to ACME October 29, 2020 28

1 ITEM DATE 2 ACME’s Responses to Kiewit’s Second Set of Interrogatories December 7, 2020 3 ACME’ First Set of Interrogatories to Kiewit February 11, 2021 4 ACME’s First Set of Requests for Admission to Kiewit February 11, 2021 5 Subcontractors’ Second Set of Requests for Production of | February 11, 2021 6 Documents to Kiewit TAB’s First Set of Interrogatories to Kiewit February 11, 2021 7 Subcontractors’ Fourth Supplemental Disclosure February 12, 2021 8 Kiewit’s Third Supplemental Initial Disclosure February 17, 2021 7 Subcontractors’ Fifth Supplemental Disclosure March 1, 2021 10 Kiewit’s Supplemental Disclosure of Schedules in Native Form March 9, 2021 11 © Kiewit’s Fourth Supplemental Initial Disclosure March 15, 2021 12 Kiewit’s Fifth Supplemental Initial Disclosure March 29,

x Kiewit’s Supplemental Disclosure of Documents March 30, 2021 14 Kiewit’s Supplemental Disclosure of Documents April 14, 2021 15 a Kiewit’s Supplemental Disclosure of Documents April 15, 2021 o 16 = Kiewit’s Sixth Supplemental Initial Disclosure April 15, 2021 <4 17

S Kiewit’s Supplemental Disclosure of Documents April 16, 2021 18 \o Kiewit’s Seventh Supplemental Initial Disclosure April 16, 2021 19 Kiewit’s Eighth Supplemental Initial Disclosure April 29, 2021 20 Subcontractors’ Subpoena Duces Tecum issued to Clark May 7, 2021 21 County Public Works 9 Subcontractors’ Subpoena Duces Tecum issued to the Narwhal May 7, 2021 Group 23 Subcontractors’ Subpoena Duces Tecum issued to the Nevada May 7, 2021 Department of Transportation 24 Subcontractors’ Subpoena Duces Tecum issued to CH2M Hill May 7, 2021 25 Subcontractors’ Subpoena Duces Tecum issued to NVEnergy May 7, 2021 26 Subcontractors’ Subpoena Duces Tecum issued to Clark May 7, 2021 7 County Public Works Subcontractors’ Subpoena Duces Tecum issued to Atkins May 7, 2021 28 North America

5 Department of Transportation

9 Disclosures

28

9 Deposition of 30(b)(6) Witnesses [Dkt. 94 10 B. Discovery to be completed. 11 The parties are continuing to conduct discovery. Third party subpoenas have been issued an 2 12 || served by the Subcontractors, and further third-party subpoenas may be necessary. The Parties nee AS 13 || to conduct numerous depositions and serve their expert reports upon each other. = 14 C. Reasons why discovery has not or will not be completed by the current deadline. 5 15 This litigation pertains to a dispute between the parties for construction work performed on 16 || Project Neon, the largest public works project in Nevada history, with competing claims and 5 17 || counterclaims seeking millions of dollars in damages. Kiewit and the Subcontractors worked on S 18 || Project Neon for several years, generating and accumulating hundreds of thousands of documents 19 || and electronically stored information (“EST”) during the project, involving numerous personnel and 20 || entities. 21 Kiewit and Subcontractors are working through discovery issues related to ESI disclosures 22 ||and discovery responses. These discovery issues have impacted the parties’ ability to notice 23 || depositions of fact witnesses and impacted Subcontractors’ experts’ ability to form expert opinion 24 || regarding the claims, defenses, and damages at issue in this action. Based upon such issues, the 25 || Parties are unable to conduct depositions of project personnel and the parties’ Rule 30(b)(6) 26 || designees or have their expert witnesses complete their reports. / / 28

] The parties are currently contemplating mediation to resolve their differences before this 2 || action goes to trial. However, to have a meaningful mediation session, the parties need additional 3 || time in discovery. 4 Given the sheer amount of documents produced to date, the remaining documents that need 5 || to be produced by both parties, the expert reports that need to be prepared and disclosed, and the 6 || depositions that need to be taken, there is good cause to extend the discovery deadlines as set forth 7 || below. 8 || D. Proposed schedule for completing discovery.

|| ———

2 16 5 17 || E. Good cause exists to extend the discovery deadline. S 18 LR 26-3 requires that any stipulation made to extend discovery be made before 21 days of th 19 || discovery deadline and be supported by good cause and satisfy the requirements of LR JA 6-1. Th 20 || good cause standard under LR 26-3 is the same as the good cause standard under Fed. R. Civ. ] 21 || 16(b)(4). Winfeld v. Wal-mart Stores, Inc., 2:14-cv-01034-MMD-CWH,

, at * 22 || (D. Nev. Jun. 9, 2016). “Good cause to extend a discovery deadline exists ‘if it cannot reasonably b 23 || met despite the diligence of the part[ies] seeking extension.’” Nunez v. Harper, 2:13-cv-0392-GMN 24 || NIK,

, at *2 (D. Nev. June 20, 2014) (quoting Johnson v. Mammoth Recs., Inc 25 ||

(9th Cir. 2002)). 26 / / 27 28

] Good cause exists to extend the discovery deadlines. The parties still have a significar 2 || amount of discovery to complete and are contemplating non-binding mediation. Thus, a discover 3 || extension is warranted under these circumstances, and good cause exists to grant this Stipulation. 4 Dated: December 17, 2021. 5 JONES LOVELOCK 6 /s/ Nicole E. Lovelock Justin C. Jones, Esq. (NVBN 8519) 7 Nicole E. Lovelock, Esq. (NVBN 11187) Stephen A. Davis, Esq. (NVBN 14185) 8 6600 Amelia Earhart Ct., Suite C 9 Las Vegas, Nevada 89119 Attorneys for L.L.O., Inc. dba 10 ACME Electric, TAB Contractors, Inc., and Liberty Mutual Insurance Company 12 Dated: December 17, 2021. WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 13 D /s/ David McPherson L> 14 David F. McPherson (admitted pro hac vice) EZ Rebecca S. Glos (admitted pro hac vice) 15 4 Park Plaza, Suite 1000 Irvine, California 92614 => 16 Eg Attorneys for Kiewit Infrastructure West Co. x 4 17 and Travelers Casualty and Surety Company of America 8 18 19 ORDER 20 IT IS SO ORDERED. 21 ID a owe

23 UNITED STATES MAGISTRATE JUDGE 24 5 Dateg: December 20, 2021 201) 7 / 27 28

1 CERTIFICATE OF SERVICE 2 I certify that on December 17, 2021, I electronically filed the foregoing STIPULATION □□ 3 || EXTEND DISCOVERY DEADLINES (FOURTH REQUEST) with the Clerk of this Cour 4 || using the CM/ECF System. 5 || David R. Johnson, Esq David F. McPherson, Esq. LAW OFFICES OF DAVID R. JOHNSON, Rebecca S. Glos, Esq. 6|| PLLC WATT, TIEDER, HOFFAR & FITZGERALD, 7 8712 Spanish Ridge Avenue L.L.P. Las Vegas, NV 89148 4 Park Plaza, Suite 1000 g || Email: [email protected] Irvine, California 92614 Email: [email protected] 9 || Attorney for Kiewit Infrastructure West Co. | Email: [email protected] and Travelers Casualty and Surety Company 10 of America Attorneys for Kiewit Infrastructure West Co. and 11 Travelers Casualty and Surety Company of America

2 12 13 Hx /s/ Julie Linton __ 14 An Employee of JONES LOVELOCK 1S

3 2 16 17 > 2S 8 18 19 20 21 22 23 24 25 26 27 28