1 Jack P. Burden, Esq. Nevada State Bar No. 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 BACKUS | BURDEN 4 3050 South Durango Drive Las Vegas, NV 89117 5 (702) 872-5555 (702) 872-5545 6 [email protected] Attorneys for Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9

10 VICTORIA ABINA, individually, ) Case No. 2:22-cv-01142-JAD-BNW ) 11 Plaintiff, ) 12 vs. ) STIPULATION AND ORDER TO EXTEND ) DISCOVERY DEADLINES 13 ALBERTSON’S LLC dba ALBERTSON’S ) #4039, a foreign limited-liability company; and; ) Fourth Request 14 DOES I-X; and ROE CORPORATIONS I-X, ) inclusive ) 15 ) Defendants. ) 16

17 In accordance with Local Rules of Practice for the United States District Court for the 18 District of Nevada (“LR”) 26-4, Defendant Albertson’s LLC (“Defendant”), by and through its 19 20 counsel of record, the law firm of BACKUS | BURDEN, and Plaintiff Victoria Abina (“Plaintiff”), by 21 and through her counsel of record, RUIZ LAW FIRM, hereby stipulate and agree to an extension of 22 all remaining discovery deadlines by thirty (30) days. The parties propose the following revised 23 discovery plan (new information in bold italics): 24 Pursuant to Local Rule 6-1(b), the Parties hereby aver that this is the first such discovery 25 extension requested in this matter. Moreover, pursuant to Local Rule 26-3, it is respectfully 26 submitted that the Parties’ failure to request the instant extension of discovery twenty-one (21) 27 28 days prior to the deadline for initial expert disclosure was the result of excusable neglect. 1 Bateman v. U.S. Postal Service,

(9th Cir. 2000). Further: 1) there is no danger of 2 prejudice as the extension is stipulated by the Parties; 2) a one hundred eighty (180) day extension 3 will not impact a trial date because the same has not been scheduled; 3) the Parties, their 4 respective Counsel, and witnesses have been limited in appearing for deposition due to the Covid- 5 19 pandemic; and 4) the requested extension is made in good faith by both Parties. Pioneer 6 Investment Services v. Brunswick Associate’s, Ltd.,

(1993). 7 8 I. 9 DISCOVERY COMPLETED TO DATE 10 1. Plaintiff served her Initial Disclosure Pursuant to FRCP 26 on August 2, 2022, with 11 one supplement thereto; 12 2. Defendant served its Initial Disclosure Pursuant to FRCP 26 on August 11, 2022, with 13 two supplements thereto; 14 15 3. Plaintiff produced her First Sets of Requests for Production and Interrogatories to 16 Defendant, which were answered; 17 4. Defendant produced its First Sets of Requests for Production and Interrogatories to 18 Plaintiff, which were answered; 19 5. Defendant served its First Supplemental Disclosure Pursuant to FRCP 26 on September 20 26, 2022; 21 6. Defendant noticed took Plaintiff’s deposition for on December 16, 2022 at 10:00am; 22 23 7. Defendant noticed the following Custodians of Records Depositions: 24 a. Desert Radiology, December 9, 2022 at 9:00am 25 b. Nevada Health Centers, December 9, 2022 at 9:15am 26 c. Nevada Spine Clinic, December 9, 2022 at 9:30am 27 d. Southwest Medical Associates, December 9, 2022 at 9:45am 28 1 f. Valley Hospital, December 9, 2022 at 10:15am 2 g. Wolfson and Wolfson, December 9, 2022 at 10:30am 3 8. Plaintiff produced her Revised Initial List of Witnesses and Documents Pursuant to 4 FRCP 26(a) on February 14, 2023. 5 9. Plaintiff took the deposition of Defendant’s FRCP 30(b)(6) Witness on March 8, 2023. 6 10. Plaintiff disclosed her Initial Designation of Expert Witnesses on June 12, 2023, 7 8 with one supplement thereto; 9 11. Defendant disclosed its Initial Designation of Expert Witnesses on June 12, 2023 10 II. 11 DISCOVERY TO BE COMPLETED AND REASONS 12 FOR EXTENSION OF DISCOVERY 13 Discovery to be completed includes: 14 15 1. Plaintiff’s supplementation of her FRCP 26(a) Initial Disclosures with expected 16 testimony of witnesses. 17 a. Completed 18 2. Deposition of Plaintiff, currently scheduled December 16, 2022. 19 a. Completed 20 3. Depositions of fact witnesses. 21 4. Depositions of Plaintiff’s treating medical providers. 22 23 5. Depositions of Defendant’s employees. 24 a. The parties have identified Defendant’s 4th Key Manager as a witness; 25 who’s deposition will be noticed for February or March 2023 26 6. Deposition of Defendant’s FRCP 30(b)(6) representative(s). 27 a. Scheduled March 8, 2023. 28 1 7. FRCP 26(a)(2) designation of initial and rebuttal expert witnesses. 2 a. Completed 3 8. Depositions of initial and rebuttal expert witnesses. 4 Additional written discovery and depositions as the Parties deem necessary. 5 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested 6 extension. 7 8 III. 9 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME SET BY 10 DISCOVERY PLAN 11 This request is two-fold. First, the onset of the Covid-19 pandemic and now increase in RSV 12 patients has made conducting depositions – especially depositions of physicians, many of whom have 13 an understandably increased workflow and decreased availability – and other discovery-related tasks 14 15 more difficult. Second, Defendant’s factual and corporate representatives have decreased availability 16 during the December holiday season. Defendant’s 30(b)(6) Corporate Witness’ deposition has been 17 scheduled for March 8, 2023. As such, the parties agree to extend discovery deadlines for ninety 18 (90)days. 19 Further, the Parties wish to investigate this case by completing the depositions of important 20 witnesses prior to initial expert disclosures in an effort to determine if resolution of this matter 21 may be reached prior to incurring fees and costs associated with disclosing experts and their 22 23 respective opinions. The parties have entered into this agreement in good faith and not for 24 purposes of delay. 25 Following the deposition of Plaintiff and Defendant’s FRCP 30(b)(6) Witness, the parties 26 entered settlement negotiations. While discussions continue – if settlement cannot be reached 27 directly – the parties have also discussed exploring alternative dispute resolution through possible 28 1 The Parties have stipulated to a Settlement Conference, which is currently scheduled 2 December 15, 2023 before Magistrate Weksler. The instant discovery extension allows the 3 Parties to focus on potential resolution without incurring additional fees and costs. 4 The parties have entered into this agreement in good faith and not for purposes of delay. 5 IV. 6 DISCOVERY DEADLINES 7 8 Discovery cutoff: October 13, 2023 9 Amending the pleadings or adding parties: Closed 10 Initial expert disclosures: August 11, 2023 11 Rebuttal expert disclosures: September 11, 2023 12 Dispositive motions: November 13, 2023 13 Joint Pre-Trial Order, if no Dispositive Motions December 13, 2023 14 15 VII. 16 NEW DISCOVERY DEADLINES 17 Discovery cutoff: Closed 18 Amending the pleadings or adding parties: Closed 19 Expert disclosures: Closed 20 Rebuttal expert disclosures Closed 21 Dispositive motions: Closed 22 23 Joint Pre-Trial Order, if no Dispositive Motions January 12, 2024 24 25 26 27 28 1 CASE NO.: 2:22-cv-01142-JAD-BNW Abina vy. Albertson’s LLC 2 Stipulation and Order to Extend (Fourth Request) 3 4 The Parties aver that this request for extension of discovery deadlines is made by the

5 Parties in good faith and not for the purpose of delay. 6 7 DATED this 27th day of November 2023. DATED this 27th day of November 2023. 8 | Ruiz LAW FIRM BACKUS | BURDEN 9 10 /s/_Lawrence Ruiz /s/_ Jacquelyn Franco 11 || LAWRENCE RUIZ, ESQ. JACK P. BURDEN, ESQ. + Nevada Bar No. 11451 Nevada Bar No. 6918 ci 12 |} 1055 Whitney Ranch Drive, Suite 110 JACQUELYN FRANCO, ESQ. 5 a Henderson, NV 89014 Nevada Bar No. 13484 = 13 | Attorneys for Plaintiff 3050 South Durango Drive 14 Las Vegas, NV 89117 5 Attorneys for Defendant Zin aie 15 <n ga 22 (16 As ORDER it 8 IT IS SO ORDERED. DATED: 11/29/2023 Gx les WOE 0 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28