Jared Green – Nevada Bar No. 10059 1 Brian Unguren – Nevada Bar No. 14427 2 BROWNE GREEN, LLC 3755 Breakthrough Way, Suite 210 3 Las Vegas, Nevada 89135 Phone/Fax: (702) 475-6454 4 E-mail: [email protected] E-mail: [email protected] 5 Attorneys for Defendants 6 THE SHERWIN-WILLIAMS COMPANY JAMES MARTIN WINTERS, JR. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 DOUGLAS WAYNE SEGUIN, an individual, Case No.: 2:24-cv-01713-APG-EJY 11 Plaintiff, v. STIPULATION AND ORDER TO 12 CONTINUE DEADLINES JAMES MARTIN WINTERS, JR., an 13 individual; THE SHERWIN-WILLIAMS (FIRST REQUEST) COMPANY d/b/a SHERWIN WILLIAMS 14 COMPANY a/k/a SHERWIN WILLIAMS; a foreign corporation; EAN HOLDINGS, LLC, 15 a foreign limited-liability company; ENTERPRISE LEASING COMPANY 16 WEST, LLC d/b/a ENTERPRISE RENT-A- CAR, a foreign limited-liability company; 17 DOE INDIVIDUALS I through X, Inclusive; and ROE ENTITIES I through X, Inclusive, 18 Defendants. 19 20 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff DOUGLAS 21 WAYNE SEGUIN by and through his attorneys of record, VALIENTE MOTT, LTD.; Defendants 22 JAMES MARTIN WINTERS, JR. and THE SHERWIN-WILLIAMS COMPANY d/b/a SHERWIN 23 WILLIAMS COMPANY a/k/a SHERWIN WILLIAMS (“SHERWIN WILLIAMS”), by and 24 through their attorneys of record, BROWN GREEN LLC; and Defendants EAN HOLDINGS, LLC 25 and ENTERPRISE LEASING COMPANY WEST, LLC d/b/a ENTERPRISE RENT-A-CAR 26 (“ENTERPRISE Defendants”), by and through their attorneys BREMER WHYTE BROWN & 1 O’MEARA, LLP, that the parties would benefit from a 90-day extension of the deadlines in the 2 current Scheduling Order so as to explore settlement with the Bankruptcy Trustee and collect 3 additional medical records recently identified. In support of this stipulation, the parties further state: 4 I. FACTUAL BACKGROUND 5 This is a personal injury lawsuit wherein the Plaintiff seeks to recover damages for injuries 6 allegedly aggravated by an automobile collision that occurred on January 19, 2023, in the parking 7 lot of Dunkin’ Donuts located near the intersection of Paradise Road and E. Harmon Avenue in 8 Las Vegas, Nevada. Plaintiff was parked in a parking spot when Defendant Winters allegedly 9 backed into the rear of Plaintiff’s parked vehicle. The vehicle operated by Defendant Winters was 10 a vehicle rented under The Sherwin Williams Company’s (Defendant Sherwin Williams) account 11 through Defendant EAN Holdings and Enterprise Leasing Company-West. 12 Plaintiff’s Complaint alleges negligence against all Defendants, negligent entrustment 13 against Defendants EAN Holdings LLC and Enterprise Leasing Company-West, and negligent 14 hiring, training supervision and retention against Defendant Sherwin Williams. The current 15 Scheduling Order was issued by the Court on February 13, 2025. 16 Plaintiff and Defendants have exchanged initial disclosures. Defendants Winters and 17 Sherwin Williams propounded requests for production of documents and interrogatories upon 18 Plaintiff and Defendants received Plaintiff’s responses on May 8, 2025. Plaintiff’s responses to 19 requests for production of documents and interrogatories disclosed additional medical records for 20 treatment Plaintiff received prior to the accident and disclosed additional medical providers that 21 provided treatment to Plaintiff for those pre-existing injuries that were allegedly aggravated by the 22 subject incident. The additional records disclosed by Plaintiff did not include all the pre-accident 23 treatment records from the additional providers identified by the Plaintiff. 24 Defendants are working to obtain medical records from these healthcare providers, but do 25 not have control over the timing of the production and will not receive the records in sufficient 26 time for Defendants’ medical experts to review before the current expert deadline of June 13, 1 2025. 2 II. BRIEF PROCEDURAL HISTORY 3 Plaintiff’s Complaint was originally filed on August 17, 2024, in the Eighth Judicial District 4 Court of Clark County, Nevada, Case No. A-24-892241-C. Defendants removed the case to this 5 Court on September 13, 2024. Defendants filed Answers to the Complaint on September 9, 2024. 6 The Joint Discovery Plan and Scheduling Order was entered on February 13, 2025. On or about 7 May 16, 2025, Mr. Seguin voluntarily filed for Chapter 7 bankruptcy relief. The Bankruptcy Trustee 8 is in the process of entering an appearance in this matter. 9 III. DISCOVERY COMPLETED TO DATE 10 1. A Rule 26(f) Case Conference was held on January 8, 2025, and the Court entered a 11 Discovery Plan/Scheduling Order on February 13, 2025. 12 2. Plaintiff served initial FRCP26(a)(1)(A) disclosures on February 19, 2025. 13 3. Defendants served initial FRCP 26(A)(1)(A) disclosures on March 4, 2025. 14 4. Defendants propounded their First Set of Interrogatories to Plaintiff on March 25, 15 2025. 16 5. Defendants propounded their First Set of Requests for Production of Documents to 17 Plaintiff on March 25, 2025. 18 6. Plaintiff responded to Defendants’ First Set of Interrogatories to Plaintiff on May 6, 19 2025. 20 7. Plaintiff responded to Defendants’ First Set of Requests for Production of 21 Documents to Plaintiff on May 6, 2025. 22 8. Plaintiff propounded his First Set of Requests for Production of Documents to both 23 Defendants The Sherwin-Williams Company and James Martin Winters, Jr. on May 28, 2025. 24 9. Plaintiff propounded his First Set of Requests for Admission to both Defendants The 25 Sherwin-Williams Company and James Martin Winters, Jr. The Sherwin-Williams Company and 26 James Martin Winters, Jr. on May 28, 2025. 1 10. Plaintiff propounded his First Set of Interrogatories to Defendants on May 28, 2025. 2 3 IV. DISCOVERY THAT REMAINS TO BE COMPLETED 4 1. Plaintiff’s deposition, defendant Winters deposition, Defendant Sherwin-Williams 5 deposition, percipient witness(es) deposition(s), Plaintiff’s treating expert depositions, and the 6 parties’ expert depositions. 7 2. Collection and disclosure of additional medical records of Plaintiff including pre- 8 accident medical treatment. 9 V. REASONS WHY EXPERT DISCOVERY CANNOT BE COMPLETED IN THE 10 TIME PROVIDED BY THE CURRENT SCHEDULING ORDER. 11 A request to extend discovery deadlines must be supported by a showing of good cause. See 12 Fed. R. Civ. P. 16(b)(4); Loc. R. 26-3. The good cause analysis turns on whether the subject 13 deadlines cannot reasonably be met despite the exercise of diligence. See Johnson v. Mammoth 14 Recreations, Inc.,

(9th Cir. 1992); see also CC.Mexicano US, LLC v. Aero II 15 Aviation, Inc., 2015 WL10059063, at *2-3 (D. Nev. Dec. 5, 2015). 16 The parties stipulate to a 90-day continuance to provide a reasonable amount of additional 17 time for Defendants to obtain additional information recently disclosed. Some of Plaintiff’s injuries 18 in this matter are poentially an aggravation to pre-existing injuries. In order to understand the extent 19 of the Plaintiff’s alleged injuries, and properly defend this case, Defendants seek to obtain these 20 treatment records. Additionally, discovery will be more efficient if Defendants are able to collect 21 these records prior to Plaintiff’s deposition and prior to Defendants’ expert being able to provide 22 comprehensive opinions and complete an expert report. Currently, the deadline to disclose experts 23 and exchange expert reports is June 13, 2025. 24 In addition, the parties were actively engaged in ongoing settlement discussions prior to 25 learning of the filing of the Plaintiff’s Bankruptcy petition. To continue settlement discussions, the 26 Bankruptcy Trustee needs to be substituted in place of the Plaintiff in this action. The Parties have 1 also agreed to participate in a settlement conference in the near future. Additional time to complete 2 settlement negotiations before spending further resources on expert witnesses could improve the 3 chances of resolution. 4 Accordingly, good cause exists to extend the expert disclosure and discovery deadlines. A 5 continuance of the current Scheduling Order will not prejudice any of the parties. This request is 6 made in good faith, is not made for purposes of delay, and this is the first request for continuance. 7 VI. PROPOSED AMENDED SCHEDULING ORDER FOR REMAINING CASE 8 DEADLINES 9 10 CURRENT DEADLINE PROPOSED NEW DEADLINE Deadline to Amend Pleadings 11 and Add Parties May 15, 2025 August 13, 2025 12 Disclosure of Experts June 13, 2025 September 11, 2025 13 Disclosure of Rebuttal Experts July 14, 2025 October 13, 2025 14 Discovery Deadline August 13, 2025 November 11, 2025 15 Dispositive Motion Deadline September 12, 2025 December 11, 2025 16 Joint Pretrial Order October 13, 2025 January 12, 2026 17 18 19 20 21 22 23 24 25 26 1 IT IS STIPULATED AND AGREED that the discovery deadlines are extended 90 days, as 2 proposed in the chart above. 3 DATED this 10th day of June 25. Dated this 10th day of June 25. 4 Respectfully Submitted By: Approved to Form and Content By: 5 BROWN GREEN LLC VALIENTE MOTT, LTD. 6 7 Jared Green________________________ James A. Trummell__________________ 8 Jared Green, Esq. Timothy A. Mott, Esq. [email protected] James A. Trummell, Esq. 9 Brian Unguren, Esq. Peter Petersen, Esq. [email protected] 700 South 7th Street 10 3755 Breakthrough Way, Suite 210 Las Vegas, Nevada 89101 11 Las Vegas, Nevada 89135 Attorneys for Plaintiff Attorneys for Defendants DOUGLAS SEGUIN 12 JAMES WINTERS and SHERWIN WILLIAMS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER 1 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that discovery deadlines are 2 continued as follows: 3 4 CURRENT DEADLINE PROPOSED NEW DEADLINE 5 Deadline to Amend Pleadings May 15, 2025 August 13, 2025 6 and Add Parties Disclosure of Experts June 13, 2025 September 11, 2025 7 8 Disclosure of Rebuttal Experts July 14, 2025 October 13, 2025 9 Discovery Deadline August 13, 2025 November 11, 2025 10 Dispositive Motion Deadline September 12, 2025 December 11, 2025 11 Joint Pretrial Order October 13, 2025 January 12, 2026 12 IT IS SO ORDERED. 13 DATE this 1_0_t_h_ day of June 2025. 14 15 UNITED STATES MAGISTRATE JUDGE 16 17 Respectfully Submitted By: 18 DATED this 10th day of June 2025 BROWNE GREEN, LLC 19 By: /s/ Jared Green 20 Jared Green - #10059 Brian Unguren – #14427 21 3755 Breakthrough Way, Suite 210 22 Las Vegas, Nevada 89135 Attorneys for Defendants 23 THE SHERWIN-WILLIAMS COMPANY and 24 JAMES MARTIN WINTERS, JR. 25 26