(PC) Penton v. Hubard ( 2023 )

1 LONGYEAR & LAVRA, LLP Van Longyear, CSB No.: 84189 2 Nicole M. Cahill, CSB No.: 287165 555 University Avenue, Suite 280 3 Sacramento, CA 95825 Phone: 916-974-8500 4 Facsimile: 916-974-8510 Emails: longyear@longyearlaw.com 5 cahill@longyearlaw.com 6 Attorneys for Defendant, L. Johnson 7 SIMPSON THACHER & BARTLETT LLP Harrison J. Frahn IV (SBN: 206822) 8 hfrahn@stblaw.com Jonathan C. Sanders (SBN: 228785) 9 jsanders@stblaw.com Hilary Wong (SBN: 336544) 10 hilary.wong@stblaw.com Pierce A. MacConaghy (SBN: 341371) 11 pierce.macconaghy@stblaw.com 12 2475 Hanover Street Palo Alto, CA 94304 13 Telephone: (650) 251-5000 Facsimile: (650) 251-5002 14 Attorneys for Plaintiff Anthony Penton 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 18 19 ANTHONY PENTON, ) Case No.: 2:11-CV-00518-DJC-KJN ) 20 Plaintiff, ) STIPULATION AND ORDER TO ) EXTEND DEADLINES 21 vs. ) ) 22 L. JOHNSON, , ) ) 23 Defendant. ) ) 24 25 Plaintiff Anthony Penton (“Plaintiff”) and Defendant Layton Johnson (“Defendant”) 26 (collectively, the “Parties”) respectfully submit this stipulation to request extensions of various 27 deadlines related to the filing of post-trial motions. 28 / / / 1 Under Federal Rule of Civil Procedure 6(b)(1), “[w]hen an act may or must be done 2 within a specified time period, the court may, for good cause, extend the time. . . with or without 3 motion or notice if the court acts, or if a request is made, before the original time or its extension 4 expires. . .” As the Ninth Circuit has said, “[r]equests for extension of time made before the 5 applicable deadline has passed ‘normally . . . should be granted in the absence of bad faith on the 6 part of the party seeking relief or prejudice to the adverse party.’” Ahanchian v. Xenon Pictures, 7 Inc., 642 F.3d 1253, 1259 (9th Cir. 2010) (citations omitted). 8 The transcript from the trial in this matter was received on Friday, November 3, 2023. 9 Accordingly, Defendant’s Rule 50 motion is due Friday, November 24, 2023, in accordance with 10 the Court’s briefing schedule (ECF 371). Plaintiff’s Opposition to Defendant’s Rule 59 motion 11 is also due Friday, November 24, 2023, 14 days after the filing of Defendant’s supplemental 12 brief is due. As November 24, 2023, is the day after the Thanksgiving holiday, the Parties desire 13 a brief extension to allow them to file their respective briefs the following Monday, November 14 27, 2023. 15 Accordingly, the parties stipulate to the following briefing schedule related to the filing 16 of post-trial motions: 17 • Defendant’s supplemental Rule 59 motion is scheduled as due on Friday November 18 10, 2023. However, November 10th being a Court holiday, the brief is due Monday, 19 November 13, 2023; 20 • Plaintiff’s opposition to Defendant’s Rule 59 motion is due Monday November, 27, 21 2023; 22 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10 23 days after the filing of Plaintiff’s opposition, December 7, 2023; 24 • Defendant’s Rule 50 motion is due on Monday, November 27, 2023; 25 • Plaintiff’s opposition to Defendant’s Rule 50 brief is due on December 11, 2023; 26 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 27 December 21, 2023; 28 / / / 1 2 3 Dated: November 7, 2023 LONGYEAR & LAVRA, LLP 4 By: /s/ Nicole M. Cahill 5 VAN LONGYEAR 6 NICOLE M. CAHILL Attorneys for Defendant, 7 L. Johnson 8 Dated: November 7, 2023 SIMPSON THACHER & BARTLETT LLP 9 10 11 By: /s/ Pierce A. MacConaghy [as authorized on 11-7-23] 12 HARRISON J. FRAHN IV JONATHAN C. SANDERS 13 HILARY CHI WING WONG 14 PIERCE A. MACCONAGHY Attorneys for Plaintiff, 15 Anthony Penton 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER RE: EXTENSION DEADLINES 2 Based on the foregoing Stipulation of the parties and good cause appearing, it is hereby 3 ordered that briefing of post-trial motions be scheduled as follows: 4 • Defendant’s supplemental Rule 59 motion is scheduled as due on Friday November 5 10, 2023. However, November 10th being a Court holiday, the brief is due Monday, 6 November 13, 2023; 7 • Plaintiff’s opposition to Defendant’s Rule 59 motion is due Monday November, 27, 8 2023; 9 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10 10 days after the filing of Plaintiff’s opposition, December 7, 2023; 11 • Defendant’s Rule 50 motion is due on Monday, November 27, 2023; 12 • Plaintiff’s opposition to Defendant’s Rule 50 brief is due on December 11, 2023; 13 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 14 December 21, 2023; 15 • Defendant’s Rule 50 Motion shall be noticed for hearing on 1/18/2024 at 1:30 PM. 16 The hearing on Defendant’s Rule 59 Motion, ECF No. 376, and Plaintiff’s Motion for 17 Attorneys’ Fees and Costs, ECF No. 378, set for 11/30/2023, is vacated and reset for 18 1/18/2024 at 1:30 PM. 19 20 21 IT IS SO ORDERED. 22 23 Dated: November 7, 2023 /s/ Daniel J. Calabretta 24 THE HONORABLE DANIEL J. CALABRETTA 25 UNITED STATES DISTRICT JUDGE 26 27 28