1 || TYSON & MENDES LLP GRIFFITH H. HAYES 2 || Nevada Bar No. 7374 NICHOLAS F. PSYK 3 || Nevada Bar No. 15983 Emails: [email protected] 4 [email protected] 2835 St. Rose Pkwy., Suite 140 5 || Henderson, NV 89052 Telephone: (702) 724-2648 6 || Facsimile: (702) 410-7684 Attorneys for Defendant Walmart, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 || LETICIA HERNANDEZ., individually, Case No. 2:24-cv—02405-NJK 11 Plaintiff, ORDEF TO EXTEND DISCOVERY DEADLINES 12 Vv. (FIRST REQUEST) 13 || WALMART INC., d/b/a WALMART, a foreign corporation; and DOES I-X; and ROE 14 || BUSINESS ENTITIES XI-XX, inclusive, 15 Defendants. 16 17 IT IS HEREBY STIPULATED AND AGREED, between the parties and their attorneys 18 || of record, that the current discovery deadlines to be extended as indicated on page 3, 19 || pursuant to Local Rule 26-1(b) and 26-3. 20 I. DISCOVERY COMPLETED TO DATE

2 1. The parties have conducted the FRCP 26.1 Early Case Conference. 3 2. Defendant produced its Lists of Witnesses and Documents on March 10, 2025. 4 3. Plaintiff produced her Lists of Witnesses and Documents on January 6, 2025. 4. Defendant produced its First Supplement on March 12, 2025. % 5. Rule 35 Examination of Plaintiff conducted on April 25, 2025. 27 28

DISCOVERY THAT REMAINS TO BE COMPLETED

3 1. Deposition of Plaintiff. 4 2. Deposition of Defendant Walmart, Inc. 30(b)(6) witness(es). 5 3. Designation of Initial Experts. 6 4, Rebuttal Expert Disclosure. 7 5. Deposition(s) of Plaintiff's treating physicians. g 6. Deposition of other percipient witnesses. 9 7. Depositions of experts. 10 8. Issuing subpoenas to additional third-parties, including Plaintiff's medical W providers (if any). 2 9. Additional written discovery (if necessary). 3 10. Any remaining discovery the parties deem relevant and necessary as discovery 14 continues. 15 Il. WHY DISCOVERY CANNOT BE COMPLETED WITHIN THE TIME PROVIDED BY 16 THE CURRENT SCHEDULING ORDER " A. Good Cause 8 LR 26-3 governs modifications or extension of the Discovery Plan and Scheduling Order. ” Any stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty-one (21) days before the expiration of the subject deadline and must comply fully with LR 26-3. If the stipulation is made less than twenty-one (21) days before the expiration of a deadline, the parties must show a good cause exist. A request made after the °° expiration of the subject deadline will not be granted unless the movant also demonstrates that the failure to act was the result of excusable neglect. * A request to extend unexpired deadlines in the scheduling order must be premised on a *6 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 28

1 || Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992). 2 The parties agree and submit that the remaining deadlines, cannot and could not have 3 || been met despite the exercise of diligence. Good cause exists for the following reasons: the 4 || parties agreed to have Plaintiff undergo a Rule 35 Examination with Defendant’s medical expert 5 || Dr. Jeffrey Wang. However, the earliest date amenable to Plaintiff and Dr. Wang for the 6 || examination was April 25, 2025. The parties agreed to have the examination proceed on April 7 || 25, 2025, and the examination proceeded on that date. However, Dr. Wang has advised he will 8 || require 30 days following the date of the examination for preparation of his corresponding 9 || report. As such, the parties therefore agreed that a 30-day extension is required for preparation of 10 || Dr. Wang’s report. Based on the foregoing, both Plaintiff and Defense counsel are requesting 11 || that the scheduling order dates be extended by 30 days. 12 IV. PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 13 14 Discovery Deadline Current Deadline Proposed Deadline 15 Motion to Amend/Add Parties March 27, 2025 March 27, 2025 Initial Expert Disclosures April 28, 2025 May 28, 2025 16 ||| All Rebuttal Expert Disclosures May 28, 2025 June 27, 2025 Discovery Cut-Off Date June 25, 2025 July 25, 2025 M7 July 25, 2025 August 25, 2025 18 Pretrial Order August 25, 2025 September 24, 2025 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 29 /// 26 /// 27 /// 28

1 V. PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 3 No trial date has been set in this matter. This Stipulation is not for purposes of undue 4 delay of discovery or trial in this matter but is submitted in the interest of resolving the case on 5 the merits. 6 IT IS SO STIPULATED. || DATED this 28" day of April, 2025. DATED this 28" day of April, 2025. g PACIFIC WEST INJURY LAW TYSON & MENDES LLP ? _/s/ Bohden G. Cole /s/ Griffith H. Hayes 10 KRISTOPHER M. HELMICK GRIFFITH H. HAYES Nevada Bar No. 13348 Nevada Bar No. 7374 1 BOHDEN G. COLE NICHOLAS F. PSYK Nevada Bar No. 15719 Nevada Bar No. 15983 12 || 8180 Rafael Rivera Way #200 2835 St. Rose Parkway, Suite 140 Las Vegas, NV 89113 Henderson, Nevada 89052 13. || Attorneys for Plaintiff Attorneys for Defendant Walmart, Inc. 14 15 IT IS SO ORDERED. we '6 oo AS eo 17 UNITED STATES MAGISTRATE JUDGE 18 DATED this APM 29, 2029 19 20 21 || Submitted by: || TYSON & MENDES LLP 23 /s/ Griffith H. Hayes 24 || GRIFFITH H. HAYES Nevada Bar No. 7374 25 || NICHOLAS F. PSYK % Nevada Bar No. 15983 2835 St. Rose Pkwy., Suite 140 27 || Henderson, Nevada 89052 Attorneys for Defendant Sam's West, Inc. 28