United States of America for the Use and Benefit of Wells Cargo, Inc. v. Alpha Energy and Electric, Inc.

1 Ryan D. Yahne, Pro Hac Vice Nicholas D. Kovarik, Pro Hac Vice Benjamin J. McDonnell, Pro Hac Vice Piskel Yahne Kovarik, PLLC West Riverside Ave., Suite 700 Spokane, WA 99201 Telephone: (509) 321-5930 Facsimile: (509) 321-5935 Email: [email protected] [email protected] 7 [email protected] Counsel for Northcon, Inc. Brian W. Boschee, Nevada Bar #7612 Holley Driggs Walch Fine Wray Puzey & Thompson 400 S. Fourth Street, 3rd Floor Las Vegas, Nevada 89101 Telephone: (702) 791-0308 Facsimile: (702) 791-1912 Email: [email protected] Local counsel for Northcon, Inc. 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA UNITED STATES OF AMERICA, for the use Civil Action No. 2:18-cv-01182-JCM-EJY and benefit of WELLS CARGO, INC., 19 STIPULATION AND ORDER RE: TRIAL DEADLINES Plaintiff, v. ALPHA ENERGY AND ELECTRIC, INC., a Missouri corporation, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation, Defendants.

25 _______________________________________ ALPHA ENERGY AND ELECTRIC, INC., a Missouri Corporation, 27 Third-Party Plaintiff, v. NORTHCON, INC., an Idaho Corporation; SOUTHWESTERN CONSTRUCTION, INC., a Utah corporation; DOES 1 through 10; and ROE corporations 1 through 10, 5 Third-Party Defendants.

A ND ALL RELATED CASES.

STIPULATION Alpha Energy and Electric, Inc. (“Alpha”), Northcon, Inc. (“Northcon”), American Contractors Indemnity Company (“ACIC”), and Southwestern Construction, Inc. (“Southwestern Construction”) (collectively “Parties”), by and through their respective counsel, hereby stipulate, agree and request as follows: 1. Southwestern Construction has settled its claims with Northcon. As a result of this settlement, Northcon will prosecute the affirmative claims of Southwestern Construction against Alpha and ACIC at trial as the assignee on those claims.

2. Due to the Court’s Order ECF No. 231, the Parties agree that counsel for Southwestern Construction is no longer required for this matter to move forward on all remaining claims and defenses and that Southwestern Construction’s counsel of record be excused from further participation.

3. As a result, Northcon is the only party with affirmative claims and will act as Plaintiff, as it carries the burden of proof. Northcon will begin its exhibit numbers at one; Alpha will begin its exhibit numbers at 500; and ACIC will begin its exhibit numbers at 700. / / / / / / 4. The parties agree that all deadlines outlined in the calendar call Order (ECF No. 222) will be due October 26, 2022 and hereby agree to attend the calendar call on October 26, 2022, if the Court would be so inclined to vacate the October 14, 2022 status conference.

4 IT IS SO STIPULATED.

Dated this 13" day of October 2022. Dated this 13" day of October 2022.

KRIGEL & KRIGEL STRONG & HANNI, P.C.

8 || Stephen J. Moore /s/ Michael D. Stanger Stephen J. Moore, Pro Hac Vice Michael D. Stanger, Nev. Bar #8272 4520 Main, Ste. 700 102 South 200 East, Ste. 800 Kansas City, MO 64111 Salt Lake City, Utah 84111 || Phone: (816) 756-5800 Phone: (801) 532-7080 Fax: (816) 756-1999 Fax: (801) 596-1508 || Email: [email protected] Email: [email protected] Counsel for Alpha Energy and Electric, Inc. Counsel for Southwestern Construction, Inc. || Dated this 13" day of October 2022. Dated this 13" day of October 2022.

14 || PISKEL YAHNE KOVARIK, PLLC THE FAUX LAW GROUP /s/ Nicholas D. Kovarik || Nicholas D. Kovarik, Pro Hac Vice Jorday/F. Faux, Nev. Bar # 12205 Benjamin J. McDonnell, Pro Hac Vice 2625 IN. Green Valley Parkway, #100 || 522 W. Riverside Ave., Suite 700 Henderson, Nevada 89014 Spokane, WA 99201 Telephone: (702) 458-5790 |} Phone: (509) 321-5930 Fax: (702) 458-5794 Fax: (509) 321-5935 Email: [email protected] 19 Email: [email protected] Counsel for American Contractors Indemni [email protected] Company || Counsel for Northcon, Inc. ORDER IT IS SO ORDERED: 25 Ethos ¢ Atal Wun 26 UNITED STATES DISTRICT COURT JUDGE 27 October 13, 2022 DATE: