1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive 4 Las Vegas, NV 89117 5 (702) 872-5555 (702) 872-5545 6 [email protected] Attorneys for Defendants, 7 Albertson’s LLC and Albertson’s Companies, Inc. 8

9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA

11 JAMES BLANCH, individually, ) ) Case No. 2:22−cv−00599−JCM−NJK 12 Plaintiff, ) 13 vs. ) Stipulation and Order to Extend ) Discovery 14 ALBERTSON’S LLC, A Foreign Limited- ) Liability Company; ALBERTSON’S ) (Second Request) 15 COMPANIES, INC., a Foreign Corporation; ) DOE EMPLOYEE; DOE DEFENDANT 1-10, ) 16 inclusive; ROE CORPORATION 1- ) 17 10,inclusive, ) ) 18 Defendants. ) ) 19

20 In accordance with Local Rules of Practice for the United States District Court for the 21 District of Nevada (“LR”) 26-4, Defendants ALBERTSON’S LLC and ALBERTSON’S 22 COMPANIES, INC (“Defendants”), by and through its counsel of record, the law firm of 23 BACKUS, CARRANZA & BURDEN, and Plaintiff JAMES BLANCH (“Plaintiff”), by and through his 24 counsel of record, RICHARD HARRIS LAW FIRM, hereby stipulate and agree to an extension of all 25 remaining discovery deadlines by sixty (60) days. The parties propose the following revised 26 discovery plan (new information is in bold italics): 27 28 . . . . 1 Blanch v. Albertsons LLC 2 Stipulation and Order to Extend (Second Request)

3 Pursuant to Local Rule 26-3, it is respectfully submitted the Parties’ failure to request the 4 instant extension of discovery twenty-one (21) days prior to the deadline for discovery cut-off was 5 6 the result of excusable neglect. Specifically noting the failure to request the extension of was a 7 mere oversight by the Parties. Bateman v. U.S. Postal Service,

(9th Cir. 2000). 8 Further: 1) there is no danger of prejudice as the extension is stipulated by the Parties; 2) a sixty 9 (60) day extension will not impact a trial date because the same has not been scheduled; 3) the 10 Parties, their respective Counsel, and witnesses have been limited in appearing for deposition due 11 to the Covid-19 pandemic and holiday season; and 4) the requested extension is made in good 12 faith by both Parties. Pioneer Investment Services v. Brunswick Associate’s, Ltd.,

, 13 14 395 (1993). 15 I. 16 DISCOVERY COMPLETED TO DATE 17 1. A Joint Discovery Plan and Scheduling Order (EFC No. 9) was filed on May 16, 2022; 18 2. Plaintiff served her Initial Disclosure Pursuant to FRCP 26 on May 5, 2022, with two 19 supplements thereto; 20 3. Defendants served its Initial Disclosure Pursuant to FRCP 26 on May 20, 2022, with 21 22 two supplements thereto; 23 4. Plaintiff served her First Sets of Requests for Production, Interrogatories, and Requests 24 for Admission to Defendant on June 2, 2022; 25 5. Defendants responded to Plaintiff’s First Set of Requests for Production, 26 Interrogatories, and Requests for Admission; 27 6. Defendants served their First Set of Requests for Production and Interrogatories to 28 1 Blanch v. Albertsons LLC 2 Stipulation and Order to Extend (Second Request)

3 7. Plaintiff responses to Defendants’ First Set of Requests for Production and 4 Interrogatories; 5 6 8. Plaintiff Disclosed her Designation of Initial Expert Witnesses on August 5, 2022; 7 and 8 9. Plaintiff took a Notice of Non-Appearance of former security guard Stephen Carr on 9 August 17, 2022.10. 10 II. 11 DISCOVERY TO BE COMPLETED AND REASONS 12 FOR EXTENSION OF DISCOVERY 13 14 Discovery to be completed includes: 15 1. Deposition of Plaintiff 16 a. Scheduled for September 1, 2022 17 2. Rule 35 Examination of Plaintiff 18 a. Scheduled with Dr. Reynold Rimoldi for September 19, 2022 19 3. Deposition of Defendants’ former Third Key Manager Richard Botto 20 a. Scheduled for October 19, 2022 21 22 4. Deposition of Defendants’ Courtesy Clerk Daniel Munoz-Becerra 23 a. Scheduled for October 19, 2022 24 5. Re-Notice and/or file a Motion to Compel the deposition of former security guard 25 Stephen Carr 26 6. Depositions of Plaintiff’s treating medical providers 27 7. Deposition of Defendants’ FRCP 30(b)(6) representative(s) 28 1 Blanch v. Albertsons LLC 2 Stipulation and Order to Extend (Second Request)

3 9. Additional written discovery and depositions as the Parties deem necessary. 4 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested 5 6 extension. 7 III. 8 REASONS WHY DISCOVERY WAS NOT COMPLETED 9 WITHIN TIME SET BY DISCOVERY PLAN 10 The parties are not asking for this extension to delay these proceedings. Instead, the parties 11 request this extension so they may complete the necessary discovery to fully litigate all claims and 12 defenses in this matter. As it stands right now, the expert disclosure deadlines is July 25, 2022 August 13 14 24, 2022. Plaintiff has retained Dr. Will Muir, MD and his retained expert. Dr. William Muir is in 15 Europe and out of the country until July 17, 2022 and has indicated that he will be unable to review 16 Plaintiff’s medical records and author a report by July 25, 0222. Furthermore, Plaintiff just recently 17 completed treating for the injuries he sustained as a result of this incident and his counsel is diligently 18 working to obtain a complete set of medical records to provide Dr. William Muir, MD and defense 19 counsel. Additionally, as Plaintiff is a candidate for repeat injection therapy in his neck and lower 20 back, Defendant wishes for him to under an evaluation with their own expert. However, it has been 21 22 difficult to schedule said examination during the summertime and numerous experts are on vacation 23 and unbailable to conduct said exam. The first date and time that Dr. Rimoldi had available, which 24 worked with Plaintiff’s schedule, was September 19, 2022. The parties have working to schedule 25 deposition of numerous individual including the plaintiff (scheduled September 1, 2022), his wife, 26 the store manager (scheduled October 19, 2022), the store security officer (scheduled August 17, 27 2022 but the deponent did not appear), and other percipient witnesses (Courtesy Clerk Daniel 28 1 Blanch v. Albertsons LLC 2 Stipulation and Order to Extend (Second Request)

3 Munoz Becerra is scheduled for October 19, 2022) but have been having difficulty arranging the 4 same due to the vacation schedule of counsel and several witnesses. 5 6 The parties have entered into this agreement in good faith and not for purposes of delay. 7 IV. 8 DISCOVERY DEADLINES 9 Discovery cutoff: November 22, 2022 10 Amending the pleadings or adding parties: Closed 11 Expert disclosures: August 24, 2022 12 Rebuttal expert disclosures: September 23, 2022 13 14 Dispositive motions: December 22, 2022 15 VII. 16 [PROPOSED] NEW DISCOVERY DEADLINES 17 Discovery cutoff: January 22, 2023 18 Amending the pleadings or adding parties: Closed 19 Expert disclosures: October 24, 2022 20 Rebuttal expert disclosures November 22, 2022 21 22 Dispositive motions: February 21, 2023 23 The Parties aver that this request for extension of discovery deadlines is made by the 24 . . . . 25 26 . . . . 27 . . . . 28 . . . . 1 CASE NO.: 2:22-cv-00599-JCM-NJIK Blanch v. Albertsons LLC 2 Stipulation and Order to Extend (Second Request) 3 4 Parties in good faith and not for the purpose of delay.

> DATED this __22nd___ day of August 2022. DATED this __22nd___ day of August 2022. 6 RICHARD HARRIS LAW FIRM BACKUS, CARRANZA & BURDEN. 4 8 ? /s/ Samantha Martin /s/ Jacquelyn Franco 10 || BENAJMIN P. CLOWARD, ESQ. JACK P. BURDEN, ESQ. Nevada Bar No. 11087 Nevada Bar No. 6918 11 |} SAMANTHA A. MARTIN, ESQ JACQUELYN FRANCO, ESQ. + Nevada Bar No. 12998 Nevada Bar No. 13484 12 801 S. 4" Street 3050 South Durango Drive & B Las Vegas, Nevada 89101 Las Vegas, Nevada 89117 3 = Attorney for Plaintiff Attorneys for Defendants 414

2a

a IT IS SO ORDERED. E18 19 UNITED STATE ISTRATE JUDGE 20 DATED: August 23, 2022

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