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 Defendant, 7 Albertson’s LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 GERI ROBINSON, individually, ) Case No. 2:21-cv-02019-JAD-VCF 11 ) Plaintiff, ) 12 vs. ) 13 ) STIPULATION AND ORDER TO ALBERTSON’S LLC; DOES K-X; and ROE ) EXTEND DISCOVERY DEADLIENS 14 CORPORATIONS I-X, inclusive ) ) First Request 15 Defendants. ) 16 In accordance with Local Rules of Practice for the United States District Court for the 17 18 District of Nevada (“LR”) 26-4, Defendant Albertson’s LLC (“Defendant”), by and through its 19 counsel of record, BACKUS, CARRANZA & BURDEN, and Plaintiff Geri Robinson (“Plaintiff”), by 20 and through her counsel of record, MARX LAW FIRM, PLLC, hereby stipulate and agree to an 21 extension of all remaining discovery deadlines by sixty (60) days. The parties propose the 22 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 26 submitted the Parties’ failure to request the instant extension of discovery twenty-one (21) days 27 prior to the deadline for initial expert disclosure was the result of excusable neglect. Specifically 28 noting the failure to request the extension of was a mere oversight by the Parties. Bateman v. U.S. 1 Postal Service,

(9 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 DISCOVERY COMPLETED TO DATE 9 The parties have completed the following discovery: 10 1. Defendant produced its Initial Disclosure of Witnesses and Documents Pursuant to 11 FRCP 26(a) and LR 26-1; 12 2. Plaintiff produced her Initial Disclosure of Witnesses and Documents Pursuant to 13 FRCP 26(a)(1)(C) with two supplements thereto; 14 3. Defendant produced its first set of Interrogatories and Requests for Production, which 15 16 Plaintiff responded to. 17 4. Plaintiff’s deposition was taken. 18 DISCOVERY TO BE COMPLETED 19 The discover to be completed includes: 20 1. Additional propounded written discovery by and upon the Parties. 21 2. Depositions of fact witnesses. 22 3. Depositions of Plaintiff’s treating medical providers. 23 24 4. Depositions of Defendant’s employees. 25 5. Deposition of Defendant’s FRCP 30(b)(6) representative(s). 26 6. FRCP 26(a)(2) designation of initial and rebuttal expert witnesses. 27 7. Depositions of initial and rebuttal expert witnesses. 28 1 Additional written discovery and depositions as the Parties deem necessary. 2 REASONS FOR EXTENSION TO COMPETE DISCOVERY 3 The parties are currently involved in arm’s length settlement discussions. The requested 60- 4 day discovery extension should allow the parties sufficient time to finalize the terms of the settlement 5 before incurring additional litigation costs. The parties have entered into this agreement in good 6 faith and not for purposes of delay. 7 8 PROPOSED NEW DISCOVERY DEADLINES 9 Expert Disclosure Deadline: 10 Currently: August 26, 2022 Proposed: October 25, 2022 11 Rebuttal Expert Disclosure Deadline: 12 Currently: September 23, 2022 13 Proposed: November 28, 2022 14 Discovery Deadline: 15 Currently: October 27, 2022 16 Proposed: December 28, 2022 Deadline to File Dispositive Motions: 17 Currently: November 25, 2022 18 Proposed: January 30, 2023 19 Pre-Trial Order Deadline: 20 Currently: December 23, 2022 21 Proposed: March 3, 2023 22 The Parties aver that this request for extension of discovery deadlines is made by the 23 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after 24 decision on the dispositive motions or further court order. 25 . . . . 26 . . . . . . . . 27 . . . . 28 ] CASE NO.: 2:21-cv-02019-JAD-VCF Robinson vy. Albertson’s LLC 2 Stipulation and Order to Extend (First Request) 3 4 || Parties in good faith and not for the purpose of delay. 5 6 . . DATED this __25th____ day of August, 2022. DATED this __25th___ day of August, 2022. 4 MAX LAW FIRM, PLLC BACKUS, CARRANZA & BURDEN. 8 9 10 || Bradley M. Marx /s/ Jacquelyn Franco BRADLEY M. MARX, ESQ. JACK P. BURDEN, ESQ. 11 |} Nevada Bar No. 12999 Nevada Bar No. 6918 + 601 S. Rancho Dr., Ste B14 JACQUELYN FRANCO, ESQ. 12] Las Vegas, Nevada 89106 Nevada Bar No. 13484 & B Attorney for Plaintiff 3050 South Durango Drive sae Las Vegas, Nevada 89117 2 4 4 Attorneys for Defendant

IT IS SO ORDERED. a OP ye Ams wre □ wits we

18 UNITED STATES MAGISTRATE JUDGE 19 8-25-2022 DATED: 20 21 22 23 24 25 26 27 28