Hrabe-Kinzer v. The Vons Companies, Inc.

1 SAO Jonathan B. Lee, Esq.

2 Nevada Bar No. 13524 RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, Nevada 89101 Phone: (702) 444-4444 Fax: (702) 444-4455 Email: [email protected] Attorney for Plaintiff Nereida Hrabe-Kinzer 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA NEREIDA HRABE-KINZER, individually; 10 CASE NO. 2:24-cv-00691-ART-MDC Plaintiff, vs. 12 STIPULATION AND ORDER TO THE VONS COMPANIES, INC., dba Vons EXTEND DISCOVERY DEADLINES Grocery Co #1970, a foreign limited-liability AND CONTINUE TRIAL company; DOE EMPLOYEE; ROE OWNER/OPERATOR; DOE INDIVIDUALS 2- (Third Request) 10; ROE BUSINESS ENTITIES 2-10, inclusive jointly and severally, 17 Defendants.

Pursuant to Local Rules of Practice for the United States District Court for the District of Nevada (“LR”) 26-3, it is hereby stipulated and agreed by and between the parties hereto, by and through their respective counsel that the discovery deadlines shall be extended in this matter by an additional sixty (60) days. The parties propose the following revised discovery plan: Pursuant to Local Rule 6-1(b), the Parties hereby aver that this is the third discovery extension requested in this matter. Further: 1) there is no danger of prejudice as the Parties stipulate the extension; 2) a sixty (60) day extension will not impact the trial date because the same has not been scheduled; and 3) the requested extension is made in good faith by both Parties. Pioneer Investment Services v. Brunswick Associate’s, Ltd., 507 U.S. 380, 395 (1993).

Hrabe-Kinzer v. The Vons Companies, Inc. Case No. 2:24-cv-00691-ART-MDC 1 I. DISCOVERY COMPLETED TO DATE 2 The parties have participated in the following discovery to date: 3 1. The parties have conducted a Rule 26(f) conference and served their respective | Rule 26(a)(1) disclosures.

5 2. Plaintiff's Fed. R. Civ. P. 26(a)(1) initial disclosures; 6 3. Plaintiff's First Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 7 4. Plaintiff's Second Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 8 5. Plaintiff's Third Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 9 6. Plaintiff's Fourth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 10 7. Plaintiffs Fifth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 8. Plaintiff's Sixth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 12 9. Plaintiff's Seventh Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 13 10. □□ Plaintiff's Eighth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 14 11. — Plaintiff’s Ninth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 15 12. —— Plaintiff's Tenth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 16 13. —— Plaintiff's Eleventh Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 17 14. —— Plaintiff's Twelfth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 18 15. Plaintiff’s Thirteenth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 19 16. _—_— Plaintiff’s Fourteenth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 20 17. _—— Plaintiffs Fifteenth Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures 21 18. Defendant’s Fed. R. Civ. P. 26(a)(1) initial disclosures; 22 19. Defendant’s First Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 23 20. Defendant’s Second Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 24 21. Defendant’s Third Supplement to Fed. R. Civ. P. 26(a)(1) initial disclosures; 25 22. Plaintiff’s First Set of Interrogatories to Defendant; 26 23. Plaintiffs First Set of Requests for Production of Documents to Defendant; 27 24. Plaintiff's First Set of Requests for Admissions to Defendant; 28 25. Defendant’s Responses to Plaintiffs First Set of Interrogatories to Defendant; Hrabe-Kinzer v. The Vons Companies, Inc. Case No. 2:24-cv-00691-ART-MDC 26. Defendant’s Responses to Plaintiff's First Set of Requests for Production o Documents to Defendant; 3 27. Defendant’s Responses to Plaintiff's First Set of Requests for Admissions to Defendant; 5 28. ‘Plaintiff's Second Set of Interrogatories to Defendant; 6 29. Plaintiff's Second Set of Requests for Production of Documents to Defendant; 7 30. Plaintiff's Second Set of Requests for Admissions to Defendant; 8 31. Defendant’s Responses to Plaintiff's Second Set of Interrogatories to Defendant; 9 32. _Defendant’s Responses to Plaintiff's Second Set of Requests for Production o 10 Documents to Defendant; 33. Defendant’s Responses to Plaintiff's Second Set of Requests for Admissions to | Defendant; 13 34. —— Plaintiff's Third Set of Requests for Production of Documents to Defendant; 14 35. Correspondence to the Current Property Owner relating to Coordinating Site | Inspection; 16 36. The Parties stipulated to a Confidentiality and Protective Order; 17 37. Defendant took Plaintiff's deposition on November 26, 2024; 18 38. Plaintiffs retention of forensic medical expert, Thomman Kuruvilla; 19 39. ‘Plaintiffs retention of safety expert, John Peterson.

IKI. DISCOVERY REMAINING TO BE COMPLETED 21 1. Defendant’s Discovery Requests to Plaintiff; 22 2. Deposition of Defendant’s 30(b)(6); 23 3. Depositions of former store employees Kalya Todora, Gary Quesnell, Keithal | Jackson, and potentially other current/former employees of Defendant.

25 4. Initial Designation of Experts; 26 5. Rebuttal of Experts; 27 6. Deposition of Expert Witnesses; 28 7. Depositions of other fact witnesses; Hrabe-Kinzer v. The Vons Companies, Inc. Case No. 2:24-cv-00691-ART-MDC 8. Supplemental Fed. R. Civ. P. 16.1 disclosures; 2 9. Supplemental written discovery responses; 3 10. Supplemental expert disclosures; and 4 11. Any additional discovery necessary as the parties proceed through discovery.

5 |TII. REASONS WuHy DISCOVERY NOT COMPLETED WITHIN TIME SET BY DISCOVERY PLAN 6 As alluded to in the Parties’ second requested extension of discovery, Defendant 1s |currently in its busiest time of year [from Halloween through Valentine’s Day]. Because of the |same, store employee(s) and/or corporate 30(b)(6) witness(es) are not available to sit fo deposition. The Parties have attempted to coordinate and schedule the depositions of Kalya | Todora, Gary Quesnell, and Keitha Jackson — former employees of the Von’s grocery store where | the alleged incident occurred. Coordinating their depositions has been challenging because these | employees currently work at different Von’s locations and due to the busyness of the various stores | where these former employees currently work. However, the parties are coordinating these | depositions for March 2025. Secondly, Plaintiff □□□ sought documentation related to prior slip and| | falls at the Store where the subject incident occurred via requests for production. Defense counsel lis in the process of acquiring said documents for disclosure; however, because the requested| 17 | documents related to prior slips and falls at the subject Store are maintained by Defendant’s third- | party administrator, and the subject Store is closed, additional time is needed for Defendant to | procure said documentation. Significantly, the foregoing information and documents are critical 20 to the opinions of the Parties’ liability experts. Lastly, the Plaintiff was recently recommended to 21 undergo medical treatment that could have a significant impact on the opinions of the medical | experts retained in this matter. Plaintiff is currently scheduled to undergo a cervical facet block | procedure on February 20, 2025 at the C4-C7 level of her cervical spine, along with a future bone | marrow aspirate concentrate (BMAC) injection procedure in her left foot. |1V. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 26 Based on the foregoing, the proposed schedule for completing discovery is as follows:

Hrabe-Kinzer v. The Vons Companies, Inc. Case No. 2:24-cv-0069 1-ART-MDC | || Discovery Deadline Current Deadline Proposed Deadline Rebuttal Expert Disclosures 04.04.2025 06.05.2025 Discovery Cut-Off Date 06.03.2025 08.04.2025 3 07.07.2025 09.03.2025 Joint Pre-trial Order, if no Dispositive 08.07.2025 10.03.2025 Motions > Dated 18" day of February, 2025. Dated 18” day of Februray 2025.

6 RICHARD HARRIS LAW FIRM BACKUS | BURDEN /s/ Jonathan B. Lee /s/ Jacquelyn Franco Jonathan B. Lee, Esq. Jack P. Burden, Esq. ? Nevada Bar Number 13524 Nevada Bar Number 6918 10 801 South Fourth Street Jacquelyn Franco, Esq.

Las Vegas, Nevada 89101 Nevada Bar Number 13484 11 Attorneys for Plaintiff Nereida 3050 South Durango Drive Hrabe-Kinzer Las Vegas, Nevada 89117 12 Attorneys for Defendant The Vons 13 Companies, Inc., Dba Vons Grocery Co. #1970 ORDER 15 TT 6 IT IS SO ORDERED. If dispositive — □ motions are filed, the deadline for filing ff f° en < 17 the joint pretrial order will be suspended A gh af en until 30 days after decision on the fm 18 dispositive motions or further court United States Mapiyfatd udge order. I-25 ff 19 / / i 20 “