3172 N. Rainbow Blvd., 1406 2 Las Vegas, Nevada 89108 (702) 381-275 3 Email: [email protected] 4 Attorney for Plaintiff 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 SERGIO MORALES, Case No. 2:22-cv-00387-RFB-EJY 9 Plaintiff, 10 v. STIPULATION AND PROPOSED ORDER TO EXTEND DISCOVERY 11 MICHAEL MINEV, et al., AND OTHER DEADLINES (THIRD REQUEST) 12 Defendants. 13 14 Defendants Wilson Bernales, Michael Minev, and Calvin Johnson, by and through 15 counsel, Aaron D. Ford, Nevada Attorney General, and Rudolf M. D’Silva, Esq., Deputy 16 Attorney General, of the State of Nevada, Office of the Attorney General, and Plaintiff 17 Sergio Morales, by and through pro bono counsel Milan Chatterjee Esq. of Milan’s Legal, 18 hereby stipulate and agree to extend the time for discovery and other deadlines as set forth 19 herein. 20 This is the Parties’ third requested modification of the Scheduling Order since the 21 appearance of pro bono counsel, Mr. Chatterjee, Esq, and second requested modification of 22 the Scheduling Order since the appearance of new legal counsel for Defendants, Mr. 23 D’Silva, Esq. 24 There are both good cause and excusable neglect for this Court to grant an extension 25 of discovery. LR 26-3. 26 / / / 27 / / / 28 / / / 2 BACKGROUND 3 The Parties hereby declare and certify that they met and conferred via telephone on 4 March 27, 2025, and agreed that an extension of discovery to December 26, 2025 would 5 benefit both Parties for the reasons set forth below. 6 The Parties respectfully request another two hundred and seventy (270) days for 7 discovery. This request is based on a variety of circumstances. Milan Chatterjee is acting 8 as pro bono counsel. ECF No. 53. Upon his appearance, the Parties submitted a Proposed 9 Plan and Scheduling Order. ECF No. 55. The Honorable Court granted the Proposed Plan 10 and issued the Scheduling Order, setting a discovery cut-off for April 5, 2024. ECF No. 56. 11 The Honorable Court granted the Parties’s First Stipulation and Proposed Order to Extend 12 Discovery on March 27, 2024, setting a discovery cut-off for October 2, 2024. ECF No. 64. 13 The Honorable Court granted the Parties’s Second Stipulation and Proposed Order to 14 Extend Discovery on October 4, 2024, setting a discovery cut-off for March 31, 2025. 15 Since such time, on March 24, 2025, Plaintiff Morales has recently reported 16 multiple new health issues (including but not limited to neurological issues) that he has 17 recently developed, apparently in relation to the causes of action alleged in this case. Due 18 to these newly-developed health issues, Plaintiff Morales’s legal counsel needs additional 19 time to obtain expert witnesses specializing in these areas of medicine, along with seeking 20 an expert witness relating to Plaintiff Morales’s longstanding cardiac issues. Plaintiff 21 Morales’s legal counsel, additionally, needs additional time to review Plaintiff Morales’s 22 new medical records in relation to these newly-developed health issues, and to conduct 23 necessary and relevant discovery. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2 issues, which required him to take medical leave; Plaintiff Morales’s legal counsel has 3 recently returned from his prolonged medical leave and needs additional time for discovery 4 on this ongoing case. 5 As can be seen by the docket, the Parties have been focusing their efforts and 6 communication on the medical treatment of Mr. Sergio Morales, which has apparently only 7 worsened, requiring additional discovery time. On February 15, 2024, Defendants filed a 8 Status Report with certain medical records submitted under seal. ECF 59, ECF No. 60 and 9 ECF No. 61. Mr. Morales’s treatment continues and as such, additional time is needed in 10 relation to discovery (including of Mr. Morales’s newly-developed health issues) and alleged 11 damages. 12 II. STATEMENT OF DISCOVERY COMPLETED TO-DATE 13 Both sides have completed written disclosures. 14 III. DESCRIPTION OF DISCOVERY THAT REMAINS TO BE 15 COMPLETED 16 In light of the circumstances listed above, the Parties require additional time to 17 complete discovery including written discovery requests, and if necessary, depositions and 18 the retention of expert witnesses. 19 IV. STATEMENT OF GOOD CAUSE AND EXCUSABLE NEGLECT 20 To demonstrate good cause, the parties must show “that, even in the exercise of due 21 diligence, [the parties were] unable to meet the timetable set forth in the order.” Cruz v. 22 City of Anaheim, CV10-03997-MMM-JEMX,

, at *2 (C.D. Cal. Dec. 19, 23 2011) (citing Zivkovic v. Southern California Edison Co.,

(9th Cir. 24 2002); Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992)). Prejudice 25 to the opposing party is a factor in determining good cause, though lack of prejudice is “not 26 a prerequisite.”

27 / / / 28 / / / 2 opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) 3 the reason for the delay; and (4) whether the movant acted in good faith.” Bateman v. U.S. 4 Postal Service,

, 1223–24 (9th Cir. 2000) 5 The Parties have specifically met and conferred and agreed to extend the discovery 6 deadline. The Parties’ focus has been on the ongoing medical treatment of Mr. Sergio 7 Morales, including an open heart surgery that Mr. Morales has recently undergone and is 8 recovering from. Furthermore, Mr. Morales has developed new health issues (including 9 neurological issues) that are relevant to this lawsuit; the Parties’ discovery focus is on Mr. 10 Morales’s ongoing and newly-developed health issues. Completion of discovery is best 11 suited following the upcoming evaluation and treatment of Mr. Morales’s ongoing and 12 newly-developed health issues. 13 Both Parties will benefit from an extension, and neither party will be prejudiced by 14 the additional time to conduct discovery. Therefore, both good cause and excusable neglect 15 are present to extend discovery. 16 V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING 17 DISCOVERY 18 The Parties propose the following schedule for completion of all remaining discovery 19 and the filing of any dispositive motions: 20 • The deadline for completion of discovery will be extended to December 26, 21 2025. 22 • In accordance with Rule 26(a)(2) and Local Rule 26-1(b)(3), initial disclosures 23 identifying experts shall be made sixty (60) days prior to the discovery cut- 24 off date, and therefore, not later than Monday, October 27, 2025, and 25 disclosures identifying rebuttal experts shall be made thirty (30) days after 26 the initial disclosure of experts and, therefore, not later than Wednesday, 27 November 26, 2025. 28 / / / 2 25, 2026. 3 • The deadline to file a Joint Pre-Trial order will be extended until February 4 24, 2026, or, if dispositive motions are filed, until thirty (30) days after the 5 entry of any order on the dispositive motions. 6 VI. CONCLUSION 7 Based on the foregoing, good cause and excusable neglect exist, and the parties 8 respectfully request that this Court extend the deadlines as set forth above. 9 DATED this 31st day of March, 2025. DATED this 31st day of March, 2025. 10 MILAN’S LEGAL OFFICE OF ATTORNEY GENERAL 11 By: /s/ Milan Chatterjee, Esq. By: /s/ Rudolf M. D’Silva Milan Chatterjee, Esq. Rudolf M. D’Silva 12 Nevada Bar No. 15159 Nevada Bar No. 16227 13 Milan’s Legal Nevada Attorney General’s Office 3172 N. Rainbow Blvd 1 State of Nevada Way, Suite 100 14 Suite 1406 Las Vegas, NV 89119 15 Las Vegas, NV 89101 Attorneys for Defendants Attorneys for Plaintiff 16 17 IT IS SO ORDERED; provided, however, no further extensions of discovery will be granted absent 18 extraordinary unforeseen circumstances. 19 20 21 _________________________________________ UNITED STATES MAGISTRATE JUDGE 22 DATED: March 31, 2025 23 24 25 26 27 28