(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 Accordingly, the parties stipulate to the following briefing schedule related to the filing 9 of post-trial motions: 10 • Defendant be allowed to supplement his Rule 59 motion within 7 days of receipt of 11 the official transcript for purposes of adding citations to the record; 12 • Plaintiff’s opposition to Defendant’s Rule 59 motion is due 14 days after the filing of 13 Defendant’s supplemental brief; 14 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10 15 days after the filing of Plaintiff’s opposition; 16 • Defendant’s Rule 50 motion is due within 21 days of receipt of the official transcript 17 in accordance with the Court’s minute order (ECF 371); 18 • Plaintiff’s opposition to Defendant’s Rule 50 brief is due 14 days after filing of 19 Defendant’s Rule 50 motion; 20 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 10 21 days after filing of Plaintiff’s opposition; 22 • Defendant’s opposition to Plaintiff’s motion for costs and fees (ECF 378) is due 14 23 days after resolution of Defendant’s Rule 50 and Rule 59 motions. 24 The Parties also request that the current hearing date for Defendant’s Rule 59 motion be 25 vacated and re-set after the filing of Defendant’s Rule 50 briefing so that both motions may be 26 heard at the same time. 27 28 Dated: October 26, 2023 LONGYEAR & LAVRA, LLP 1 2 By: /s/ Nicole M. Cahill 3 VAN LONGYEAR NICOLE M. CAHILL 4 Attorneys for Defendant, 5 L. Johnson 6 Dated: October 26, 2023 SIMPSON THACHER & BARTLETT LLP 7 8 9 By: /s/ Pierce A. MacConaghy [as authorized on 10-26-23] HARRISON J. FRAHN IV 10 JONATHAN C. SANDERS 11 HILARY CHI WING WONG PIERCE A. MACCONAGHY 12 Attorneys for Plaintiff, Anthony Penton 13 14 15 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 be allowed to supplement his Rule 59 motion within 7 days of receipt of 5 the official transcript for purposes of adding citations to the record; 6 • Plaintiff’s opposition to Defendant’s Rule 59 motion is due 14 days after the filing of 7 Defendant’s supplemental brief; 8 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10 9 days after the filing of Plaintiff’s opposition; 10 • Defendant’s Rule 50 motion is due within 21 days of receipt of the official transcript 11 in accordance with the Court’s minute order (ECF 371); 12 • Plaintiff’s opposition to Defendant’s Rule 50 brief is due 14 days after filing of 13 Defendant’s Rule 50 motion; 14 • Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 10 15 days after filing of Plaintiff’s opposition; 16 • Defendant’s opposition to Plaintiff’s motion for costs and fees (ECF 378) is due 14 17 days after resolution of Defendant’s Rule 50 and Rule 59 motions. 18 Additionally, the current hearing date for Defendant’s Rule 59 motion is VACATED, to 19 be re-set after the filing of Defendant’s Rule 50 briefing so that both motions may be heard at the 20 same time. 21 22 23 IT IS SO ORDERED. 24 Dated: October 26, 2023 /s/ Daniel J. Calabretta 25 THE HONORABLE DANIEL J. CALABRETTA 26 UNITED STATES DISTRICT JUDGE 27 28