1 || Patrick R. Leverty, Esq., NV Bar No. 8840 [email protected] 2 || William R. Ginn, Esq., NV Bar No. 6989 [email protected] 3 || 832 Willow Street; Reno, NV 89502 Telephone: (775) 322-6636 4 || Attorneys for 1420 Med LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JEAN PIERRE, A NEVADA RESIDENT, |} 1420 MED. LLC, A TEXAS LIMITED LIABILITY COMPANY 9 Plaintiff Case No.: 2:24-cv-00010-APG-DJA 10 Stipulation and Order to Extend VS. Discovery Deadlines (Third Request) 1] ALLSTATE INDEMNITY COMPANY 12 13 Defendants 14 oe Pursuant to LR IA 6-1 and LR II 26-3, Plaintiffs, JEAN PIERRE and 1420 MED LLC, by 15 and through their counsel, William R Ginn, Esq. of LEVERTY & ASSOCIATES LAW, CHTD., 16 and Defendant, ALLSTATE INDEMNITY COMPANY, by and through counsel of record John 17 T. Keating, Esq. of KEATING LAW GROUP respectfully submit the following stipulation 18 requesting that this Court extend discovery in the above-captioned case by eighty-four (84) days, 19 up to and including April 21, 2025. In addition, the parties request that all other future deadlines 20 contemplated by the Discovery Plan and Scheduling Order, including the initial expert disclosure 21 deadline of December 2, 2024, be extended. This stipulation is being made less than 21 days 22 before the expiration of the current expert disclosure deadline and is being entered into in good 23 faith and not for the purpose of delay. Undersigned counsel is cognizant of and appreciates the 24 fact that the original Scheduling Order was granted with Special Scheduling Review. However, 25 this is the third requested stipulation to extend the discovery deadlines and the parties have agreed 26 to expert disclosure deadlines to 30 days after the scheduled Mediation with Judge Jackie Glass 27 that is set to occur on January 23, 2025 in order for the parties to attempt to keep the costs of the \ 28

] || litigation. The current discovery schedule does not allow for this to take place. For good cause 2 || and in support of this stipulation and request, the parties state as follows: 3 DISCOVERY COMPLETED 4/1. On January 26, 2024, the parties conducted an initial FRCP 26(f) conference. 5 |] 2. The parties have served their Initial Disclosures pursuant to FRCP 26(a)(1) and continue 6 || to provide supplements thereto. 7 {| 3. On April 1, 2024, Plaintiffs served three (3) sets of Requests for Production of Documents 8 || (141 requests total) on Defendant Allstate Indemnity Company. Allstate served its Responses to 9 || Set 1 and Set 2 on May 10, 2024 via extension of time. Allstate then served its First Supplemental 10 || Response to Set 1 on May 16, 2024 and its Second Supplemental Responses to Set 1 on May 31, 11 □□ 2024. Allstate then served its Responses to Set 3 on June 5, 2024, again via extension of time. 12 || 4. Defendant Allstate served its initial set of Interrogatories and Requests for Production of 13 || Documents to Plaintiff Jean Pierre on June 14, 2024, which were responded to on July 16, 2024. 14]]5. The deposition of Allstate Indemnity Company claims representative Michael Broszcak 15 || took place on July 1, 2024; 16 || 6. The deposition of Allstate Indemnity Company claims representative Dan Munson took 17 || place on July 17, 2024; 18 || 7. The deposition of Plaintiff, took place on July 17, 2024. 19 DISCOVERY REMAINING 20 || 1. Expert disclosures and depositions;. )} 2. Rebuttal disclosures and depositions;. 22 || 3. Further, other appropriate discovery may also need to be conducted, including additional 23 || written discovery and/or depositions of percipient witnesses; and. 24 || 4. Any and all discovery required as permitted by the Federal Rules of Civil Procedure. 25 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 26 The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following 27 || requested extension. This Request for an extension of time is not sought for any improper purpose 28 || or other purpose of delay. Rather, the parties seek this extension solely for the purpose of reducing

] || the cost and expense of the litigation so as to allow the parties to engage in alternative dispute 2 || resolution, and by keeping the costs down, allowing the case to resolve for an amount less than it 3 || would have been to the parties if they were required to go forward with the finalizing and service 4 || of expert disclosures. 5 The parties have been diligent in moving the case forward: participating in a reasonable 6 || amount of discovery, including exchanging and supplementing their initial lists of witnesses and 7 ||documents; propounding written discovery requests and preparing responses thereto; and 8 || scheduling depositions. At this time, the parties believe that all that remains is expert disclosures 9 || and depositions. By allowing the parties to attempt to resolve the case via mediation, the moving 10 || of the expert disclosures is in accordance with the spirit and intent of Fed. R. Civ. Proc. 1. 11 In an effort to accommodate counsel, parties and witnesses, the parties have agreed to 12 |} extend the expert witness deadlines 84 days after the scheduled mediation so that the claims 13 || handling experts will not need to go to tall necessary remaining depositions can be conducted and 14 || available for the claims handling experts who will require these depositions, and to allow for the 15 || parties to engage in assisted settlement negotiations. This case is an insurance bad faith action 16 || brought by Plaintiff for damages allegedly suffered as a result of two consecutive homeowner 17 || claims; one for vandalism, and a second for water damage. 18 The current discovery schedule does not allow for this to take place. The parties once 19 || again acknowledge that this Stipulation and Order is being submitted less than 21 days in advance 20 || of the expert disclosure deadline, one of the discovery deadlines it seeks to extend. 21 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 22 || modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or 23 || motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than 24 || 21 days before the expiration of the subject deadline and must comply fully with LR 26-3. Any 25 ||request made within 21 days of the subject deadline must be supported by a showing of good 26 || cause. This stipulation is made more than 21 days before the expiration of the discovery deadline, 27 || but less than 21 days before the expiration of the expert disclosure deadline.

] The parties seek this extension of time so that they are able to participate in the mediation 2 || that is scheduled to occur with the Hon. Jackie Glass on January 23, 2025. The parties had 3 || difficulty scheduling the mediation due to Judge Glass’ schedule, and because of delays in 4 || responses by the respective parties that would result in a date being agreed upon and then finding 5 || out that it had been already taken by other litigants. 6 Therefore, the parties believe good cause has been demonstrated pursuant to LR II 26-3 7 || for the reasons stated above and support their request to extend the close of discovery, which will 8 || help to “effectuate the general purpose of seeing that cases are tried on the merits. Ahanchian v. 9 || Xenon Pictures, Inc.,

(9th Cir. 2010. The parties have been acting in 10 || good faith in diligently attempting to complete discovery by the current deadline and good cause 11 || exists for an extension of the discovery deadlines. 12 The parties believe that moving the expert disclosures, and concomitant deadlines an 13 || additional 90 days of discovery would allow the parties to complete the necessary expert 14 || disclosures in a cost effective manner, and will result in cost savings to the parties which will 15 || facilitate non-judicial resolution of the case. 16 This is the third request for extension of time in this matter. The parties respectfully submit 17 || that the reasons set forth above constitute compelling reasons and good cause for the extension. 18 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 19 20 Scheduled Event Current Deadline Proposed Deadline Discovery Cut Off Monday, January 27, 2025 Monday, April 21, 2025 21 ||| Amended Pleadings or to add_ | Closed Closed parties 22 ||| Expert Disclosures Pursuant | Monday, December 2, 2024 Monday, February 24, 2025 to Fed. R. Civ. Proc. 26(a)(2 23 Rebuttal Expert Disclosures Monday, January 6, 2025 Monday, March 31, 2025 4 Monday, March 3, 2025 Tuesday, May 27, 2025! Joint Pretrial Order Monday, March 31, 2025 Monday, June 23, 2025 25 26 27 a 28 ' Monday, May 26, 2025 is Memorial Day.

] WHEREFORE, the parties respectfully request that this Court extend the discovery period 2 || by eighty-four (84) days, or the nearest business day after eighty-four (84) days, from the current 3 || deadline of January 27, 2025, and the other dates as outlined in accordance with the table above. 4 TRIAL DATE 5 This enlargement of time does not have any effect on trial as trial has not yet been set in 6 || this matter. g LEVERTY & ASSOCIATES LAW, CHTD KEATING LAW GROUP Dated this: 27" day of November, 2024 Dated this: 27" day of November, 2024 /s/ William R. Ginn /s/ John T. Keating 10 William R. Ginn, Esq., NV Bar No. 6989 John T. Keating, Esq., NV Bar No. 6373 11 || Patrick R. Leverty, Esq., NV Bar No. 8840 9130 W. Russell Road. Suite 200 832 Willow Street ° 12|| Reno, NV 89502 LAS VEGAS, NV 89148 13 || Attorneys for Plaintiffs Attorneys for Defendant 14 15 IT ISSO ORDERED 16 DATED this 3rd day of December, 2024. United States Mavistrate Judge 17 Case No. 2:24-cv-00010-APG-DGA 18 CERTIFICATE OF SERVICE 19 Pursuant to Rule 5(b) of the Federal Rules of Civil Procedure, I hereby certify under 20 || penalty of perjury that I am an employee of Leverty & Associates Law, Chtd., and that service 21 || of the foregoing Stipulation and Order to Extend Discovery Deadlines (Third Request) was 22 || made via email system to all listed counsel of record, with a copy to follow via U.S. Mail: John Keating 23 ||| 9130 W. Russell Road, Suite 200 4 LAS VEGAS, NV 89148 [email protected] 25 ||| Attorneys for Allstate Insurance Company 26 DATED: November 27, 2024 WV if 27 hf A /| \ WILL 28 An Employee of Leverty & Associates Law Chtd.