1 | KRISTOPHER M. HELMICK, ESQ. Nevada Bar No. 13348 2 | KIRILL V. MIKHAYLOV, ESQ. Nevada Bar No. 13538 3 || BOHDEN G. COLE, ESQ. Nevada Bar No. 15719 4 || PACIFIC WEST INJURY LAW 8180 Rafael Rivera Way, Suite 200 5 || Las Vegas, Nevada 89113 Phone: (702) 602-4878 6 || Fax: (702) 665-5627 Kris@PacificWestInjury.com 7 || Kinll@PacificWestInjury.com Bohden@PacificWestInjury.com 8 || Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT |W DISTRICT OF NEVADA > ' | JAMES HOLLINS, individually, Case No.: 2:24-cv-00494
2 Plaintiffs, 13 vs. 2 14 STIPULATION AND PROPOSED WALMART INC., d/b/a WALMART, a ORDER TO EXTEND DISCOVERY 15 foreign corporation; and DOES I-X; and ROE DEADLINES BUSINESS ENTITIES XI-XX, inclusive. 16 (EIGHTH REQUEST) Defendants 17 18 IT IS HEREBY STIPULATED AND AGREED, between the parties and their attorneys | 19 record, that the current discovery deadlines pursuant to Local Rule 26-1(b). 20 21 DISCOVERY COMPLETED TO DATE 22 1. The parties have conducted the FRCP 26.1 Early Case Conference. 23 2. Plaintiff has produced his Lists of Witnesses and Documents, and supplements there 24 pursuant to FRCP 26(a) disclosing approximately 2000 pages. 25 3. Defendant has produced his Lists of Witnesses and Documents, and supplemen 26 | thereto pursuant to FRCP 26(a). 27 4. Defendant has propounded Request for Admission (35), Request for Production | 28 | Documents (27) and Interrogatories (30) to Plaintiff on May 13, 2024. Page | of 7
1 5. Plaintiff has responded to Request for Admission (35), Request for Production | 2 || Documents (27) and Interrogatories (30) on August 2, 2024. 3 6. Defendant has propounded a Second Set of Interrogatories (6) on August 16, 2024. 4 7. FRCP Rule 35 Examination of Plaintiff on September 30, 2024. 5 8. Inspection of the subject premises on October 3, 2024. 6 9. Plaintiff has propounded Request for Production of Documents (18) and 7 Interrogatories (14) to Defendant on October 17, 2025. 8 10. Defendant served its Designation of Initial Experts on October 31, 2024. 9 11. Plaintiff served his Designation of Initial Experts on November 7, 2024.
10 12. Defendant has responded to Request for Production of Documents (18) ar 11 || Interrogatories (14) on November 25, 2024. 12 13. Plaintiff has produced his First Supplement Lists of Witnesses and Documents ¢ 13 || March 13, 2024. = 14 14. ‘Plaintiff has produced his Second Supplement Lists of Witnesses and Documents « 15 || July 9, 2024. 16 15. Plaintiffhas produced his Third Supplement Lists of Witnesses and Documents on Ju 17 || 9, 2024. 18 16. Plaintiff has produced his Fourth Supplement Lists of Witnesses and Documents ¢ 19 || August 1, 2024. 20 17. Plaintiff has produced his Fifth Supplement Lists of Witnesses and Documents ¢ 21 |} August 2, 2024. 22 18. — Plaintiff has produced his Sixth Supplement Lists of Witnesses and Documents ¢ 23 || August 12, 2024. 24 19. Plaintiff has produced his Seventh Supplement Lists of Witnesses and Documents ¢ 25 || November 6, 2024. 26 20. Plaintiff has produced his Eighth Supplement Lists of Witnesses and Documents « 27 || November 18, 2024. 28 20. Defendant has served its First Supplement to Initial Experts on December 4, 2024. Page 2 of 7
1 21. Defendant has served its Designation of Rebuttal Experts on December 6, 2024. 2 22. Defendant has produced its First Supplement Lists of Witnesses and Documents « 3 || September 13, 2024. 4 23. Defendant has produced its Second Supplement Lists of Witnesses and Documents « 5 || October 17, 2024. 6 24. Defendant has produced its Third Supplement Lists of Witnesses and Documents « 7 || November 27, 2024. 8 25. Defendant has produced its Fourth Supplement Lists of Witnesses and Documents « 9 || December 10, 2024.
10 26. Defendant has produced its Fifth Supplement Lists of Witnesses and Documents « 11 || December 17, 2024. 12 27. Plaintiff has produced his Ninth Supplement Lists of Witnesses and Documents « ~ 13 || January 6, 2025. = 14 29. Defendant has produced its Sixth Supplement Lists of Witnesses and Documents « = 15 || January 9. 2025. 16 30. Defendant has produced its Seventh Supplement Lists of Witnesses and Documents ¢ 17 || February 27, 2025. 18 31. Plaintiff has produced his Tenth Supplement Lists of Witnesses and Documents ¢ 19 || February 25, 2025. 20 32. Plaintiff has produced his Eleventh Supplement Lists of Witnesses and Documents ¢ 21 |} March 12, 2025. 22 33. Plaintiff has produced his Twelfth Supplement Lists of Witnesses and Documents ¢ 23 || March 20, 2025. 24 34. Plaintiff has produced his Thirteenth Supplement Lists of Witnesses and Documen 25 || on April 21, 2025. 26 33. Defendant has produced its Eight Supplement Lists of Witnesses and Documents ¢ 27 || April 24, 2025. 28 34. Plaintiff has produced his Fourteenth Supplement Lists of Witnesses and Documen Page 3 of 7
1 || on June 12, 2025. 2 35. Defendant has served its Second Supplement to Initial Experts on June 24, 2025. 3 36. Deposition of Janette Hollins taken on August 22, 2024. 4 37. Deposition of Plaintiff James Hollins taken on August 22, 2024. 5 38. Deposition of David Hart taken on April 2, 2025. 6 39. Deposition of Dr. Wu taken on April 15, 2025. 7 40. Deposition of Dr. Luis Diaz taken on March 24, 2025. g 41. Deposition of Dr. Willis Chang taken on March 24, 2025. 9 42. Deposition of Dr. Kenneth Chang taken on April 29, 2025.
10 43. Deposition of Dr. Andrew Manov taken March 27, 2025. 11 44. _ Deposition of David Elliott, P.-E. taken on April 24, 2025. 12 45. Deposition of Dr. Nathan Richards taken on May 1, 2025.
~ 13 46. Deposition of Dr. Eric Swanson taken on May 5, 2025.
= 14 47. Plaintiff has produced his Fifteen Supplement Lists of Witnesses and Documents «
™ 15 || August 6, 2025. 16 48. Deposition of Defendant Walmart Inc.’s 30(b)(6) witness was taken on July 16, 202. 17 49. On August 18, 2025, Plaintiff served his First Supplement to his Initial Expe 18 || Disclosure produced David Elliot’s supplemental report. 19 Il. 20 DISCOVERY THAT REMAINS TO BE COMPLETED 21 1. Continued Deposition of Defendant Walmart Inc.’s 30(b)(6) witness. 3 2. Witness Depositions. 3. Deposition of Dr. Nick Liu. 95 3. Any remaining discovery the parties deem relevant and necessary as discove continues. 26 /// 27 3g /// Hil. Page 4 of 7
REASONS THE PARTIES REQUEST TO EXTEND THE DISCOVERY DEADLINES
2 LR 26-3 governs modifications or extension of the Discovery Plan and Scheduling Order. Ar 3 || stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must be made r 4 || later than twenty-one (21) days before the expiration of the subject deadline and must comply ful 5 || with LR 26-3. If the stipulation is made less than twenty-one (21) days before the expiration of 6 || deadline, the parties must show a good cause exist. A request made after the expiration of the subje 7 || deadline will not be granted unless the movant also demonstrates that the failure to act was the rest 8 |) of excusable neglect. 9 A request to extend unexpired deadlines in the scheduling order must be premised on 10 || showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis □□□□□ > 11 || whether the subject deadlines cannot reasonably be met despite the exercise of diligence.
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1 | KRISTOPHER M. HELMICK, ESQ. Nevada Bar No. 13348 2 | KIRILL V. MIKHAYLOV, ESQ. Nevada Bar No. 13538 3 || BOHDEN G. COLE, ESQ. Nevada Bar No. 15719 4 || PACIFIC WEST INJURY LAW 8180 Rafael Rivera Way, Suite 200 5 || Las Vegas, Nevada 89113 Phone: (702) 602-4878 6 || Fax: (702) 665-5627 Kris@PacificWestInjury.com 7 || Kinll@PacificWestInjury.com Bohden@PacificWestInjury.com 8 || Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT |W DISTRICT OF NEVADA > ' | JAMES HOLLINS, individually, Case No.: 2:24-cv-00494
2 Plaintiffs, 13 vs. 2 14 STIPULATION AND PROPOSED WALMART INC., d/b/a WALMART, a ORDER TO EXTEND DISCOVERY 15 foreign corporation; and DOES I-X; and ROE DEADLINES BUSINESS ENTITIES XI-XX, inclusive. 16 (EIGHTH REQUEST) Defendants 17 18 IT IS HEREBY STIPULATED AND AGREED, between the parties and their attorneys | 19 record, that the current discovery deadlines pursuant to Local Rule 26-1(b). 20 21 DISCOVERY COMPLETED TO DATE 22 1. The parties have conducted the FRCP 26.1 Early Case Conference. 23 2. Plaintiff has produced his Lists of Witnesses and Documents, and supplements there 24 pursuant to FRCP 26(a) disclosing approximately 2000 pages. 25 3. Defendant has produced his Lists of Witnesses and Documents, and supplemen 26 | thereto pursuant to FRCP 26(a). 27 4. Defendant has propounded Request for Admission (35), Request for Production | 28 | Documents (27) and Interrogatories (30) to Plaintiff on May 13, 2024. Page | of 7
1 5. Plaintiff has responded to Request for Admission (35), Request for Production | 2 || Documents (27) and Interrogatories (30) on August 2, 2024. 3 6. Defendant has propounded a Second Set of Interrogatories (6) on August 16, 2024. 4 7. FRCP Rule 35 Examination of Plaintiff on September 30, 2024. 5 8. Inspection of the subject premises on October 3, 2024. 6 9. Plaintiff has propounded Request for Production of Documents (18) and 7 Interrogatories (14) to Defendant on October 17, 2025. 8 10. Defendant served its Designation of Initial Experts on October 31, 2024. 9 11. Plaintiff served his Designation of Initial Experts on November 7, 2024.
10 12. Defendant has responded to Request for Production of Documents (18) ar 11 || Interrogatories (14) on November 25, 2024. 12 13. Plaintiff has produced his First Supplement Lists of Witnesses and Documents ¢ 13 || March 13, 2024. = 14 14. ‘Plaintiff has produced his Second Supplement Lists of Witnesses and Documents « 15 || July 9, 2024. 16 15. Plaintiffhas produced his Third Supplement Lists of Witnesses and Documents on Ju 17 || 9, 2024. 18 16. Plaintiff has produced his Fourth Supplement Lists of Witnesses and Documents ¢ 19 || August 1, 2024. 20 17. Plaintiff has produced his Fifth Supplement Lists of Witnesses and Documents ¢ 21 |} August 2, 2024. 22 18. — Plaintiff has produced his Sixth Supplement Lists of Witnesses and Documents ¢ 23 || August 12, 2024. 24 19. Plaintiff has produced his Seventh Supplement Lists of Witnesses and Documents ¢ 25 || November 6, 2024. 26 20. Plaintiff has produced his Eighth Supplement Lists of Witnesses and Documents « 27 || November 18, 2024. 28 20. Defendant has served its First Supplement to Initial Experts on December 4, 2024. Page 2 of 7
1 21. Defendant has served its Designation of Rebuttal Experts on December 6, 2024. 2 22. Defendant has produced its First Supplement Lists of Witnesses and Documents « 3 || September 13, 2024. 4 23. Defendant has produced its Second Supplement Lists of Witnesses and Documents « 5 || October 17, 2024. 6 24. Defendant has produced its Third Supplement Lists of Witnesses and Documents « 7 || November 27, 2024. 8 25. Defendant has produced its Fourth Supplement Lists of Witnesses and Documents « 9 || December 10, 2024.
10 26. Defendant has produced its Fifth Supplement Lists of Witnesses and Documents « 11 || December 17, 2024. 12 27. Plaintiff has produced his Ninth Supplement Lists of Witnesses and Documents « ~ 13 || January 6, 2025. = 14 29. Defendant has produced its Sixth Supplement Lists of Witnesses and Documents « = 15 || January 9. 2025. 16 30. Defendant has produced its Seventh Supplement Lists of Witnesses and Documents ¢ 17 || February 27, 2025. 18 31. Plaintiff has produced his Tenth Supplement Lists of Witnesses and Documents ¢ 19 || February 25, 2025. 20 32. Plaintiff has produced his Eleventh Supplement Lists of Witnesses and Documents ¢ 21 |} March 12, 2025. 22 33. Plaintiff has produced his Twelfth Supplement Lists of Witnesses and Documents ¢ 23 || March 20, 2025. 24 34. Plaintiff has produced his Thirteenth Supplement Lists of Witnesses and Documen 25 || on April 21, 2025. 26 33. Defendant has produced its Eight Supplement Lists of Witnesses and Documents ¢ 27 || April 24, 2025. 28 34. Plaintiff has produced his Fourteenth Supplement Lists of Witnesses and Documen Page 3 of 7
1 || on June 12, 2025. 2 35. Defendant has served its Second Supplement to Initial Experts on June 24, 2025. 3 36. Deposition of Janette Hollins taken on August 22, 2024. 4 37. Deposition of Plaintiff James Hollins taken on August 22, 2024. 5 38. Deposition of David Hart taken on April 2, 2025. 6 39. Deposition of Dr. Wu taken on April 15, 2025. 7 40. Deposition of Dr. Luis Diaz taken on March 24, 2025. g 41. Deposition of Dr. Willis Chang taken on March 24, 2025. 9 42. Deposition of Dr. Kenneth Chang taken on April 29, 2025.
10 43. Deposition of Dr. Andrew Manov taken March 27, 2025. 11 44. _ Deposition of David Elliott, P.-E. taken on April 24, 2025. 12 45. Deposition of Dr. Nathan Richards taken on May 1, 2025.
~ 13 46. Deposition of Dr. Eric Swanson taken on May 5, 2025.
= 14 47. Plaintiff has produced his Fifteen Supplement Lists of Witnesses and Documents «
™ 15 || August 6, 2025. 16 48. Deposition of Defendant Walmart Inc.’s 30(b)(6) witness was taken on July 16, 202. 17 49. On August 18, 2025, Plaintiff served his First Supplement to his Initial Expe 18 || Disclosure produced David Elliot’s supplemental report. 19 Il. 20 DISCOVERY THAT REMAINS TO BE COMPLETED 21 1. Continued Deposition of Defendant Walmart Inc.’s 30(b)(6) witness. 3 2. Witness Depositions. 3. Deposition of Dr. Nick Liu. 95 3. Any remaining discovery the parties deem relevant and necessary as discove continues. 26 /// 27 3g /// Hil. Page 4 of 7
REASONS THE PARTIES REQUEST TO EXTEND THE DISCOVERY DEADLINES
2 LR 26-3 governs modifications or extension of the Discovery Plan and Scheduling Order. Ar 3 || stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must be made r 4 || later than twenty-one (21) days before the expiration of the subject deadline and must comply ful 5 || with LR 26-3. If the stipulation is made less than twenty-one (21) days before the expiration of 6 || deadline, the parties must show a good cause exist. A request made after the expiration of the subje 7 || deadline will not be granted unless the movant also demonstrates that the failure to act was the rest 8 |) of excusable neglect. 9 A request to extend unexpired deadlines in the scheduling order must be premised on 10 || showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis □□□□□ > 11 || whether the subject deadlines cannot reasonably be met despite the exercise of diligence. Johnson $ 12 || Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). 13 FRCP 30(b)(6) witness deposition of Walmart recently occurred. Prior to the deposition, tl 14 | parties met and conferred regarding the deposition topics. Walmart was going to file motion for ~ 15 protective order. However, counsel met and conferred to narrow the dispute between the partie 16 || Counsel agreed to proceed with the deposition with the understanding that an additional meet a1 17 || confer would be necessary prior to a second deposition session of the witness. During the depositio 18 || the deponent indicated that she was not prepared to testify regarding several topics and the parties h: 19 || an agreement to conduct a subsequent meet and confer regarding disputed topics. Furthermore, durit 20 || Defendant’s 30(b)(6) deposition, Plaintiff learned the identity of the employees that were working 21 || the time of the subject incident and desires to depose them. 22 The parties have been working on rescheduling the 30(b)(6) deposition of Walmart and ha 23 || also agreed to attend mediation on October 6, 7, or 9°. The parties are finalizing the mediation da 24 | and the continued 30(b)(6) deposition date. There are outstanding discovery issues, including tl 25 || 30(b)(6) deposition that the parties are collaboratively working to finalize. Additionally, the parti 26 || are setting the matter for private mediation. 27 For these reasons, the parties request to extend the close of discovery and dispositive moti 28 || deadline by 60 days Page 5 of 7
1 | IV. PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY Discovery Deadline Current Deadline Proposed Deadline 2 Motion to Amend/Add Parties July 9, 2024 July 9, 2024 3 Initial Expert Disclosures April 8, 2025 April 8, 2025 All Rebuttal Expert Disclosures April 22, 2025 April 22, 2025 4 Discovery Cut-Off Date August 27, 2025 October 27, 2025 ; August 28, 2025 October 28, 2025 The parties represent this Stipulation is sought in good faith and not interposed for delay | 7 any other improper purpose. 8 9 || Dated this 27th day of August, 2025. Dated this 27th day of August, 2025. 10 || PACIFIC WEST INJURY LAW TYSON & MENDES LLP 11 || By: /s/Kirill Mikhaylov By: /s/ Griffith Hayes Kristopher M. Helmick Griffith H. Hayes Nevada Bar No. 13348 Nevada Bar No. 7374 > Kirill V. Mikhaylov 2835 St. Rose Parkway, Suite 140 or 13 Nevada Bar No. 13538 Henderson, Nevada 89052 > Bohden G. Cole Attorneys for Defendant 14 Nevada Bar No. 15719 8180 Rafael Rivera Way, Suite 200 15 Las Vegas, NV 89113 A Plainti 16 ttorneys for Plaintiff 17
we IT IS SO ORDERED. DOD 20 >
CERTIFICATE OF SERVICE
2 I that on this 6" day of August 2025, I filed the foregoing STIPULATION ANI y g going DSEIPULALION ANI 3 || PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES (SEVENTH REQUEST) a 4 || follows: 5 6 [] U.S. Mail: By depositing a true and correct copy of said document(s) via U.S. mail, with postage pre-paid and addressed as listed below. 7 [] Hand Delivery: I caused said document(s) to be delivered to the address(es) list 8 below; 9 [] Electronic Mail: I caused said document(s) to be delivered by emailing an attached Adobe Acrobat PDF of the document to the email address(es) identified below. 10
XX] Electronic Service: I caused said document to be delivered by electronic means upon all eligible electronic recipients via the United States District Court system 11 Il eligible el ic recipi ia the United States District Court CM/ECF sy D or Clark County District Court E-Filing system (Odyssey).
13 Griffith H. Hayes, Esq. Nicholas F. Psyk, Esq. | 5 14 || TYSON & MENDES LLP = 2835 St. Rose Parkway, Suite 140 15 || Henderson, NV 89052 16 ghayes@tysonmendes.com aprince@tysonmendes.com Attorneys for Defendants 18 /s/ Kirill Mikhaylov 19 20 21 22 23 24 25 26 27 28 Page 7 of 7