1 JEMMA E. DUNN Nevada Bar No. 16229 2 [email protected] KARSON D. BRIGHT 3 Nevada Bar No. 14837 [email protected] 4 GREENBERG GROSS LLP 1980 Festival Plaza Drive, Suite 300 5 Las Vegas, Nevada 89135 Telephone: (702) 777-0888 6 Facsimile: (702) 777-0801

7 Attorneys for Plaintiffs

8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 JAMES M. PHILLIPS, an Individual; and Case No.: 2:23-CV-01445-RFB-BNW MARILYN MARIE LARSEN-PHILLIPS, an 12 Individual,

13 Plaintiff, STIPULATION AND ORDER TO EXTEND DISCOVERY (THIRD 14 v. REQUEST)

15 BISHOP HEATING & AIR CONDITIONING, INC., a California 16 Corporation, DOES I through X, inclusive, and ROE CORPORATIONS XI through XX, 17 inclusive,

18 Defendants.

19 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JAMES M. 20 PHILLIPS and MARILYN MARIE LARSEN-PHILLIPS (“Plaintiffs”), by and through their 21 attorneys of record, Jemma E. Dunn, Esq. and Karson D. Bright, Esq. of Greenberg Gross, LLP, and 22 Defendant, BISHOP HEATING & AIR CONDITIONING, INC. (“Defendant”), by and through 23 their attorney of record, Lucian J. Greco, Jr, Esq., Melissa Ingleby, Esq., and Thuong (Cindy) H. 24 Nguyen, Esq. of Bremer, Whyte, Brown & O’Meara, LLP, (collectively, the “Parties”), and for good 25 cause shown that the discovery deadlines in the above-entitled matter be extended with sixty (60) 26 days to allow for necessary expert discovery. 27 1 I. DISCOVERY COMPLETED TO DATE 2 Listed below is a statement specifying the discovery completed in this case: 3 1. Plaintiffs’ Initial List of Witnesses and Production of Documents made Pursuant to 4 FRCP 26(a)(1). 5 2. Defendant’s Initial List of Witnesses and Production of Documents made Pursuant to 6 FRCP 26(a)(1). 7 3. Defendant’s First Set of Interrogatories to Plaintiff James Phillips, and Plaintiff James 8 Phillips’ Responses to Defendant’s First Set of Interrogatories to Plaintiff. 9 4. Defendant’s First Request for Production of Documents to Plaintiff James Phillips, 10 Plaintiff James Phillips’ Responses to Defendant’s First Request for Production of 11 Documents to Plaintiff. 12 5. Defendant’s First Request for Admission to Plaintiff James Phillips, and Plaintiff 13 James Phillips’ Responses to Defendant’s First Request for Admission to Plaintiff. 14 6. Plaintiffs’ First Set of Interrogatories to Defendant, and Defendant’s Responses to 15 Plaintiffs’ First Set of Interrogatories to Defendant. 16 7. Plaintiffs’ First Request for Production of Documents to Defendant, and Defendant’s 17 Responses to Plaintiffs’ First Request for Production of Documents to Defendant. 18 8. Plaintiffs’ First Request for Admission to Defendant, and Defendant’s Responses to 19 Plaintiffs’ First Request for Admission to Defendant. 20 9. Plaintiffs’ First Supplemental List of Witnesses and Production of Documents made 21 Pursuant to FRCP 26(a)(1). 22 10. Defendant issued Subpoenas for Plaintiff James Phillips’ medical records, and Valley 23 Propane Company. 24 11. Deposition of Bill Chezum completed on December 21, 2023. 25 12. Defendant’s First Set of Interrogatories to Plaintiff Marilyn Marie Larsen-Phillips. 26 13. Defendant’s First Request for Production of Documents to Plaintiff Marilyn Marie 27 Larsen-Phillips. 1 15. Rule 35 Examinations of Plaintiff James Phillips completed on January 29, 2024. 2 16. Depositions of Plaintiff James Phillips completed on February 29, 2024. 3 17. Defendant’s First Supplemental List of Witnesses and Production of Documents made 4 Pursuant to FRCP 26(a)(1). 5 18. Defendant’s Second Supplemental List of Witnesses and Production of Documents 6 made Pursuant to FRCP 26(a)(1). 7 19. Defendant’s Third Supplemental List of Witnesses and Production of Documents 8 made Pursuant to FRCP 26(a)(1). 9 II. DISCOVERY REMAINING TO BE COMPLETED 10 The Parties plan to complete the following discovery: 11 1. Plaintiff Marilyn Marie Larsen-Phillips’ Responses to Defendant’s First Set of 12 Interrogatories. 13 2. Plaintiff Marilyn Marie Larsen-Phillips’ Responses to Defendant’s First Request for 14 Production of Documents. 15 3. Plaintiff Marilyn Marie Larsen-Phillips’ Responses to Defendant’s First Set for 16 Request for Admission. 17 4. Supplement records with Plaintiff James Phillips’ recent and on-going treatment; 18 5. Parties’ Initial Expert and Rebuttal Disclosures; 19 6. Depositions of Plaintiff Marilyn Marie Larsen-Phillips; 20 7. Deposition of the FRCP 30(b)(6) representative of Defendant; 21 8. Deposition of Jose Jiminez; 22 9. Deposition of Thomas Herrera 23 10. Depositions of percipient witnesses. 24 11. Depositions of the Plaintiff James Phillips’ treating physicians and/or retained 25 experts. 26 12. Depositions of the Defendant’s experts; 27 13. Supplemental FRCP 26 disclosures; 1 providers; 2 15. Any additional discovery that is necessary as the Parties proceed through discovery. 3 III. REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN THE TIME SET BY DISCOVERY PLAN & GOOD CAUSE UNDER LR 26-3 4 This is the third request for an extension of discovery deadlines requested by the parties. The 5 parties stipulate to extend expert deadlines in this case. Good cause is shown to extend the discovery 6 deadlines, as despite the Parties’ diligence and good faith attempts to pursue discovery in preparation 7 of their respective case, the existing deadlines do not provide the parties with sufficient time to 8 complete crucial discovery to ensure this matter is resolved on its respective merits. Plaintiffs’ 9 expert, Dr. Jason Garber, ordered a neuropsychological and neurocognitive test of Plaintiff James 10 Phillips, and requires additional time to review the results of these tests for completion of his report. 11 Plaintiff James Phillips’ neurologist and clinical neuropsychologist, Dr. Katharine Miller, will be 12 conducting the neuropsychological and neurocognitive tests. Dr. Miller’s availability is almost 13 completely booked through to 2025. However, the parties were fortunate enough to schedule 14 Plaintiff James Phillips’s tests with Dr. Miller on March 14, 2024, one day before the current 15 deadline to disclose initial experts in this matter. Plaintiffs’ counsel’s efforts to secure an earlier date 16 for the examinations were unsuccessful, thus resulting in the instant stipulation. In addition, 17 Defendant is still in the process of obtaining Plaintiff James Phillips’ medical records for his ongoing 18 treatment which are necessary prior to further depositions and the initial expert disclosure deadline. 19 As such, the deadlines cannot be reasonably met despite the diligence of the Parties. See Johnson v. 20 Mammoth Recreations, Inc.,

(9th Cir. 1992). 21 Moreover, the parties continue to engage in informal settlement discussions. 22 Correspondence pertaining to settlement has been exchanged, with the topic of mediation having 23 been introduced. Both parties demonstrate a willingness to participate in further comprehensive 24 discussions regarding settlement following the acquisition of Plaintiff James Phillips' medical 25 records concerning his ongoing medical treatment. The parties are actively engaging in discovery 26 in this matter. Furthermore, the parties are acting in good faith in filing this Stipulation and without 27 an intent to improperly delay the proceedings. Continuing the expert deadline will not prejudice any 1 party or have a negative impact upon the judicial administration of this Honorable Court. 2 Accordingly, the Parties are requesting a sixty (60) day extension to all remaining discovery 3 deadlines. 4 IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 5 The Parties hereto, and for good cause described in this Stipulation, and in accord with Local 6 Rule 6-1 and Local Rule 26-3, request this Honorable Court to adopt and approve this stipulated 7 extension to the discovery plan, and continue the discovery deadlines as requested below: 8 Event: Current Date: Proposed Date: 9 Discovery Cutoff Date: May 14, 2024 July 15, 2024 10 Expert Designations: March 15, 2024 May 14, 2024 11 Rebuttal Designations: April 14, 2024 June 13, 2024 12 Dispositive Motions: June 13, 2024 August 14, 2024 13 Joint Pre-Trial Order: July 13, 2024 September 13 , 2024 14 As set forth herein, this Stipulation is supported by good cause and is not for purposes of 15 delay. 16 The parties hereby stipulate to extend the remaining discovery deadlines included in the 17 discovery plan by sixty (60) days. 18 IT IS SO STIPULATED. 19 DATED this 1st day of March 2024. DATED this 1st day of March 2024 20

21 GREENBERG GROSS LLP BREMER WHYTE BROWN & O’MEARA 22 /s/ Karson D. Bright___________ /s/ Melissa Ingleby____________ 23 JEMMA E. DUNN, ESQ. LUCIAN J. GRECO, JR., ESQ. Nevada Bar No. 16229 Nevada State Bar No. 10600 24 KARSON D. BRIGHT, ESQ. MELISSA INGLEBY, ESQ. 25 Nevada Bar No. 14837 Nevada Bar No. 12935 Attorney for Plaintiffs THUONG (CINDY) H. NGUYEN, ESQ. 26 Nevada Bar No. 16436 Attorneys for Defendants 27 1 ORDER 2 Based upon the stipulation of the parties hereto, and for good cause appearing: 3 || IT IS HEREBY ORDERED that the discovery deadlines are extended as follows:

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1] 12 Zs ls bare 2 B United States Magistrate Judge ~

14 DATED: 3/5/2024 15 || Respectfully submitted, 16 || GREENBERG GROSS LLP 17 || By: 4/ Karson D. Bright 18 JEMMA E. DUNN, ESQ. Nevada Bar No. 16229 19 KARSON D. BRIGHT, ESQ. Nevada Bar No. 14837 20 Attorney for Plaintiffs 21 22 23 24 25 26 27 28