Nevada Bar No. 15594 1 JAMES DEBARTOLO, ESQ. (Admitted Pro Hac Vice) 2 GORDON REES SCULLY MANSUKHANI, LLP 300 South 4th Street, Suite 1550 3 Las Vegas, Nevada 89101 4 Telephone: (702) 577-9300 Direct Line: (702) 577-9327 5 Facsimile: (702) 255-2858 E-Mail: [email protected] 6 [email protected] 7 Attorneys for Defendant 8 HARBOR FREIGHT TOOLS, USA, INC. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 RANDY BENSON ) CASE NO. 2:21-cv-01091-JAD-VCF 12 ) Plaintiff, ) JOINT STIPULATION TO 13 ) EXTEND TIME TO TAKE vs. ) DISCOVERY AND PROPOSED 14 AMENDED JOINT DISCOVERY ) HARBOR FREIGHT TOOLS USA, INC., a Foreign PLAN AND SCHEDULING 15 Corporation; et al. ) ORDER ) 16 Defendant. ) (FIFTH REQUEST) ) 17 18 Defendant HARBOR FREIGHT TOOLS, USA, INC. and Plaintiff RANDY BENSON, 19 by and through their undersigned counsel, hereby stipulate as follows: 20 1. On July 6, 2021, the parties participated in a Rule 26 Conference, and on July 12, 21 2021, the Court entered the parties’ Joint Discovery Plan and Scheduling Order, establishing a 22 discovery period of nine (9) months commencing from the date of the Rule 26 Conference. 23 2. In the Joint Discovery Plan and Scheduling Order, the parties agreed that this 24 litigation requires a longer discovery time. 25 3. After the Rule 26 Conference, Plaintiff’s counsel learned that Plaintiff had been 26 incarcerated and would not be released until February 2022. Plaintiff’s incarceration impeded 27 1 the parties’ ability to conduct discovery until his recent release. As such, this Court granted the 2 parties’ first and second Joint Stipulated Amended Discovery Plan and Scheduling Order. 3 4. Since that time, the Parties have exchanged written discovery requests requiring 4 the search for and potential production of voluminous materials. The parties engaged in good 5 faith negotiations related to the scope of the search which further delayed discovery. Further, the 6 parties’ schedules and their attorneys’ trial schedules caused delays in scheduling party 7 depositions. 8 5. As such, Plaintiff and Defendant conferred and agreed to extend all deadlines 9 contained in the Joint Discovery Plan and Scheduling Order by forty-five (45) days as follows: 10 a. Discovery Cut-Off Date: Forty-five days from January 3, 2023 is February 17, 11 2023. 12 b. Amending the Pleadings and Adding Parties: The parties do not anticipate 13 moving to amend the pleadings and, as such, do not request an extension of this 14 deadline. 15 c. Rule 26(a)(1) Initial Disclosures: The parties have already exchanged their 16 respective initial disclosures. 17 d. Rule 26(a)(2) Disclosures (Experts): The parties have already exchanged 18 disclosures concerning experts on November 4, 2022. Disclosure of rebuttal 19 experts shall be made by January 19, 2023, which is forty-five (45) days after the 20 current date set for rebuttal expert disclosures. 21 e. Dispositive Motions: The date for filing dispositive motions shall be no later than 22 March 20, 2023, which is 31 days after the discovery cut-off date (30 days falls 23 on a Sunday). 24 f. Pretrial Order: The date for filing the joint pretrial order shall not be later than 25 April 19, 2023, thirty (30) days after the date set for filing dispositive motions. In 26 the event that dispositive motions are filed, the date for filing the joint pretrial 27 order shall be suspended until thirty (30) days after decision on the dispositive 1 motions or until further order of the Court. The parties shall include the 2 disclosures required pursuant to Rule 26(a)(3), and any objection thereto, with the 3 pretrial order. 4 5. This is the fifth stipulation for an extension of time relating to the Joint Discovery. 5 || Plan and Scheduling Order. 6 || DATED this 2nd day of December 2023 DATED this 2nd day of December 2023 7 || GORDON REES SCULLY CLEAR COUNSEL LAW GROUP g || MANSUKHANI, LLP /s/ Daniel A. Mann /s/ Scott Flinders 10 || JAMES D. DEBARTOLO, ESQ. JARED R. RICHARDS, ESQ. (Admitted Pro Hac Vice) Nevada Bar No. 11254 DANIEL MANN, ESQ. SCOTT FLINDERS, ESQ. 4 12 || Nevada Bar No. 15594 Nevada Bar No. 6975 do

Street, Suite 1550 1671 W. Horizon Ridge Pkwy, #200 4 4s 13 || Las Vegas, Nevada 89101 Henderson 89012 3 Attorney for Defendant Attorney for Plaintiff 14 || HARBOR FREIGHT TOOLS, USA, INC. RANDY BENSON Bag Is ASL et 16 ORDER gem 17 IT IS SO ORDERED 18 19 Looe Cio 0 UNITED STATES MAGISTRATE JUDG 1 12-5-2022 DATED: 22 23 24 25 26 27 2888/6772863 -3- JOINT STIPULATION TO EXTEND TIME TO TAKE DISCOVERY AND PROPOSED AMENDED JOINT DISCOVERY