1 || JOSHUA BERRETT, ESQ. Nevada Bar No.: 12697 2|| DAVID FINEGOLD, ESQ. 3 Nevada Bar No.: 15220 BIGHORN LAW 3675 W. Cheyenne Ave., Suite 100 North Las Vegas, NV 89032 5 || Phone: (702) 333-1111 6 Email: [email protected] [email protected] 7 || Attorneys for Crawford Defendants 8 ? UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 SAFECO INSURANCE COMPANY OF AMERICA, a foreign corporation, CASE NO.: 2:24-cv-01343 1 3 Plaintiff, 14 STIPULATION TO EXTEND DISCOVERY DEADLINE [FIRST REQUEST] 16 ||RICHARD DAVID CRAWFORD, an individual; HEATHER MARIE CRAWFORD, an individual; KENNEDY REESE CRAWFORD, an 1g || individual; ETHAN MICHAEL MANSUETO, an individual; DOE DRIVER I, an individual; DOE 19|} OWNER I, an individual or entity of unknown form; DOE DRIVERS II-V; DOE OWNERS II-V; 20 || ROE EMPLOYERS I-X; and ROE COMPANIES 1 I-X, inclusive, 2 Defendants. 23 24 Good cause is present for this Stipulation under Local R. 26-3 (“A request made within 21 days 0 25 || the subject deadline must be supported by a showing of good cause.”). In support of this Stipulation an 26 Request, the parties state as follows: 27 1. Plaintiff filed its Complaint for Declaratory Relief on or about July 22, 2024. 28

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1 2. The Crawford Defendants filed their Answer on or about September 5, 2024. 2 3. same time, the Crawford Defendants filed a Motion to Intervene on behalf of Defendan ; Ethan Mansueto. 4. On September 23, 2024, the Crawford Defendants filed their Motion to Stay. 6 5. On October 23, 2024, the parties entered into a Stipulated Discovery Plan and Schedulin 7 Order in Compliant with LR 26-1(b). 8 6. The Crawford Defendants’ Motions filed the have been fully briefed. ? 7. On November 18, 2024, the Plaintiff filed its Motion for Summary Judgment. 8. On December 9, 2024, the Crawford Defendants filed their Response to the Plaintiff’s Motio for Summary Judgment. 13 9. Plaintiff filed its Reply to the Crawford Defendants’ Response to the Plaintiff's Motion fo 14 Summary Judgment on December 23, 2024. 15 10. The Crawford Defendants, in the underlying action against ETHAN MANSUETO, hav. 16 served discovery upon Mr. MANSUETO and have noticed his deposition. 11. The parties wish to have the above Motions ruled upon prior to the Initial Expert Disclosures

19 in an effort to not incur costs depending on how the Motions are ruled upon. 20 As an overview, stipulations to extend discovery must be supported by good cause for th 21 || extension. Local R. 26-3. A request made within 21 days of the expiration of a deadline that the Parties 22 || seek to extend must also be supported by a showing of good cause. Id. To establish good cause, the Cow 23 looks to the diligence of the party that seeks the extension. See Safeco Ins. Co. of Am. v. Air Vent, Inc., Case No. 2:20-cv-1579,

, at *1 (D. Nev. May 19, 2021) (citing Coleman v.

%6 Quaker Oats Co.,

(9th Cir. 2000)). Good cause is present if the deadline at issu 27 || “cannot reasonably be met despite the diligence of the party seeking the extension.” Johnson v. Mammot 28 || Recreations, Inc.,

(9th Cir. 1992). As such, the instant Stipulation follows.

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1 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff SAFEC INSURANCE COMPANY OF AMERICA by and through its counsel JONATHAN W. CARLSON ; ESQ. of McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP and the CRAWFO Defendants, by and through their attorneys JOSHUA BERRETT, ESQ. and DAVID FINEGOLD, ESQ, 6 of BIGHORN LAWthat certain discovery deadlines be extended by ninety (90) days, as set forth below 7 || to allow the Parties to complete discovery prior to trial. 8 1. STATEMENT SPECIFYING DISCOVERY THAT HAS BEEN COMPLETED ? To date, the Parties have completed the following discovery: '0 ° The Parties participated in the FRCP 26(f) conference. ° The Parties served their FRCP 26(a)(1) initial disclosures.

13 ° The Crawford Defendants, in the underlying action against ETHAN MANSUETO, hav served discovery upon Mr. MANSUETO and have notice his deposition. 15 Il. SPECIFIC DESCRIPTION OF DISCOVERY THAT REMAINS TO BE COMPLETED 16 The Parties have yet to complete the following discovery: 17 ig ° Written discovery

19 ° FRCP 30(b)(6) witness depositions 20 ° Crawford Defendants’ depositions 21 ° The Parties will assess the need for and, if appropriate, propound additional writte 22 discovery requests. 23 ° The Parties intend to serve supplements to written discovery responses and disclosures. Il. REASONS WHY DISCOVERY REMAINING WAS NOT COMPLETED WITHI 25 DEADLINES CONTAINED IN DISCOVERY PLAN AND SCHEDULING ORDER 26 Since the commencement of discovery, the Parties have been working amicably together to gathe relevant documents, issue necessary discovery, engage in expert discovery, and depose necessary partie

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1 || and witnesses. However, as set forth above, the parties have been unable to conclude discovery for th 2 following reasons: ; ° The parties are waiting for the Motions to be ruled upon so that they know the issues of th cases. 5 6 ° The Crawford Defendants are awaiting Defendant ETHAN MANSUETO’s responses t 7 || discovery and deposition. 8 Due to the issues stated above, the Parties respectfully request an additional ninety (90) days t ? complete adequate and vital discovery to prepare for trial in this matter, as well as pursue avenues o '0 alternative dispute resolution. This Request for an extension of time is not sought for any improper purpose or other

13 || Purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient 14 || time to conduct discovery regarding offsets in this case and adequately prepare their respective 15 || cases for trial. 16 IV. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY As aresult of the above, it is requested that the discovery deadlines in this case be continued ninet

19 (90) days from their present deadlines, as follows: 20 1. Discovery Cut-Off Date: The Parties jointly propose that the discovery cut-off date b 21 || extended ninety (90) days from its present deadline of March 4, 2025, to June 2, 2025. 22 2. Amending the Pleadings and Adding Parties: The Parties acknowledge that the deadlin 23 to amend the pleadings and add parties has passed; as such, the Parties do not seek to extend this deadline. 3. Fed. R. Civ. P. 26(a)(2) Disclosure of Experts: The Parties propose that the initia

2% disclosure of experts be extended ninety (90) days from the present deadline of January 3, 2025, to Apri 27 || 3, 2025 and rebuttal experts be extended ninety (90) days from the present deadline of February 3, 2025 28 || to May 5, 2025.

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1 4. Dispositive Motions: In the event that the discovery period is extended from the discover 2 || cut-off date set forth in the applicable Discovery Plan and Scheduling Order, the Parties jointly propos ; that the date for filing dispositive motions be extended ninety (90) days from its present deadline of Apri 3, 2025, to July 2, 2025.

6 5. Pre-Trial Order: The Parties jointly propose that the date for filing the joint pre-tria 7 || order, which is currently set for May 5, 2025, be extended ninety (90) days to August 4, 2025. In the even 8 || that dispositive motions are filed, the Parties jointly propose that the date for filing the joint pre-trial orde ? be suspended until thirty (30) days after decision on dispositive motions or until further Order of this '0 Court. In the further event that the discovery period is extended from the discovery cut-off date set fort in the applicable Discovery Plan and Scheduling Order, the Parties jointly propose that the date for filin

13 the joint pre-trial order be extended in accordance with the time periods set forth in this Paragraph. 14 6. Fed. R. Civ. P. 26(a)(3) Disclosure: The disclosure by FRCP 26(a)(3), and any objection 15 || thereto, shall be included in the joint pre-trial order. 16 7. Alternative Dispute Resolution: Counsel for the Parties certify that they met an conferred about the possibility of using alternative dispute resolution, including mediation, and/or earl

19 neutral evaluation. The Parties have not scheduled any such ADR forum at this point. 20 8. Alternative Forms of Case Disposition: The Parties certify that they discussed consentin 21 || to trial by a magistrate judge or engaging the Short Trial Program under FRCP 37 and, at present, do no 22 || consent to either alternative form of case disposition. 23 9. Electronic Evidence: The Parties certify that they have discussed and intend to us electronic evidence at the trial of this matter and will ensure that said evidence is in electronic forma

2% compatible with the Court’s electronic jury evidence display system. At present, the Parties have no 27 || agreed upon any stipulations regarding the use of electronic evidence but will address this issue again th 28 || joint pre-trial order.

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1 10. Extensions or Modifications of the Discovery Plan and Scheduling Order: An 2 stipulation or motion must be made no later than twenty-one (21) days before the subject □□□□□□□□□ 3 Requests to extend discovery deadlines must comply fully with LR 26-3. 4 5 DATED this 27th day of December, 2024.

6 BIGHORN LAW McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 7 By:___/s/ David Finegold By:___/s/ Jonathan W. Carlson 8|| JOSHUA P. BERRETT, ESQ. JONATHAN W. CARLSON, ESQ. Nevada Bar No. 12967 Nevada Bar No. 10536 DAVID FINEGOLD, ESQ. PAMELA L. McGAHA, ESQ. 10 || Nevada Bar No. 15220 Nevada Bar No. 8181 3675 W. Cheyenne Ave., Suite 100 8337 West Sunset Road, Suite 350 North Las Vegas, Nevada 89032 Las Vegas, NV 89113 D Attorneys for Crawford Defendants Attorneys for Plaintiff 13 ORDER 14 15 IT IS SO ORDERED: 16 17 18 la wre, 19 UNITED STATES MAGISTRATE JUDGE 20 DATED this 31st day of December 2024. 21 || Respectfully submitted by: 22 || BIGHORN LAW 23 ap: By:_/s/ David Finegold, Esq. 24 || JOSHUA P. BERRETT, ESQ. Nevada Bar No. 12697 25 || DAVID FINEGOLD, ESQ. 26 Nevada Bar No. 15220 3675 W. Cheyenne Ave., Suite 100 27 || North Las Vegas, NV 89032 Attorneys for Crawford Defendants 28

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(somal Keli Grett <keli@bighornlav

Re: Safeco v. Crawford

Carlson <[email protected]> Wed, Dec 25, 2024 at 7 i Grett <[email protected]> Finegold Esq." <[email protected]>, Pamela McGaha <[email protected]> s good. Please feel free to esign for me. Thanks. from my iPhone

Jonathan Carlson Partner McCormick Barstow LLP 8337 West Sunset Road, Suite 350 Las Vegas, NV 89113 Main (702) 949-1100 | Fax (702) 949-1101 www.mecormickbarstow.com

On Dec 24, 2024, at 1:05PM, Keli Grett <[email protected]> wrote:

Good afternoon - attached find the Stipulation and Order to Extend Discovery Deadlines (First Request) for review. Please track any changes/additions. Thank you -

Keli Grett Qe Litigation Manager BIGHORN Tel: (702) 333-1111 Ext. 668 LAW Email: [email protected] Web: bighornlaw.com al, BEST) fama LAS VEGA Ange tg

This email and any attachments are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please contact the sender(s) at (702) 333-1111 and delete all copies from your system. Please note that any opinions in this email are solely those of the author and do not necessarily represent those of Bighorn Law, and is not to be considered legal advice. <_Pleadings_ SOED_ Stipulation and Order to Extend Discovery Deadlines_Crawford.docx>