Kesterson v. Barretts Minerals, Inc.

Complaint Filed: May 19, 2021

JAMES E. CAVANAUGH, ESQ. Nevada Bar No. 6929 GORDON REES SCULLY MANSUKHANI, LLP Attorneys for Defendant CHATTEM, INC.

SIMON GREENSTONE ALBERT OGANESYAN, ESQ. 15 California Bar No. 285637 Attorneys for Plaintiff, KATHERINE KESTERSON

ALVERSON TAYLOR & SANDERS OMAR NAGY, ESQ. 5 Nevada Bar No. 15293 Attorneys for Defendant, 7 BARRETTS MINERALS, INC. SPECIALTY MINERALS, INC.

STIPULATION TO AMEND THE SCHEDULING ORDER

The Parties, having conferred, hereby stipulate and move this Court for an Order extending the pending deadlines for sixty (60) days. In support of this Stipulation to Amend the Scheduling Order, the Parties state that there is good cause for this continuance as there remains limited fact discovery to be completed that has taken longer than anticipated given the complex nature of the litigation, multiple fact depositions to be completed, complexity of expert discovery, time needed for the gathering of employment, medical, social security, pathology and other records. Further, originally, the parties suffered extended delays due to the Shelter-In-Place orders as a result of the COVID-19 pandemic. Said orders rendered it difficult for counsel to prepare for and take the necessary depositions of witnesses that reside out of state. Since then, the parties have completed the majority of fact discovery, with only one or two witness/non-expert depositions remaining.

In accordance with Local Rule 26-3, the following discovery has been completed: 1) The parties have exchanged initial disclosures; 2) the parties have engaged in written discovery, including document production and review; 3) Plaintiffs provided medical authorizations, records and pathology material to defendants for review; 4) The Parties have engaged in fact witness depositions, including of Scott Kesterson (now deceased) and corporate representatives;

The following fact discovery remains to be to completed: 1) Depositions of two fact witnesses that reside out of state; 2) Further review of Decedent Scott Kesterson's updated medical records, exposure information and pathology materials which date back several decades. These depositions and record review need to be completed before the parties' experts can move forward with their review and complete their opinions. Further, the Parties have been coordinating discovery in this case with a related action pending in United States District Court, Central District of California under case number 2:20-cv-03555, to avoid duplicative depositions and streamline the cases.

The Parties anticipate needing a continuance of the current deadlines by sixty (60) days to complete discovery. The parties do not anticipate a further continuance. Both Plaintiffs and Defendants will continue to work diligently to accomplish and complete the necessary depositions needed to bring this case to resolution with minimal burden on the Court. The Parties believe there is good cause to move these deadlines, and do not make this motion for the purposes of delay.

A proposed Amended Scheduling Order consistent with the below is filed concurrently herewith.

Event	Current Deadline/Hearing	Proposed New Deadline
Expert Disclosure with Reports	June 6, 2022	August 5, 2022
Expert Rebuttal Disclosure	June 20, 2022	August 19, 2022
Fact and Expert Discovery Cutoff	July 15, 2022	September 16, 2022
Last day to file Dispositive Motions	August 15, 2022	October 14, 2022
Deadline to File Joint Pretrial Order	September 15, 2022	November 18, 2022

IT IS SO ORDERED