(PC) Penton v. Hubard ( 2024 )

1 LONGYEAR, LAVRA & CAHILL, 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 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 10 11 ANTHONY PENTON, ) Case No.: 2:11-CV-00518-DJC-KJN ) 12 Plaintiff, ) STIPULATION AND ORDER TO STAY ) ENFORCEMENT OF JUDGMENT AND 13 vs. ) WAIVE BOND ) 14 L. JOHNSON, JAMES WALKER, ) TIMOTHY V. VIRGA, BRYAN DONAHOO, ) 15 NUNEZ, J.R. BRADFORD, K. POOL, R. ) MORROW, R. GADDI, LE’VANCE ) 16 ANTHONY QUINN, LYNCH, G. SALAS, ) BEZZANES, AND DOES 1 THROUGH 13, ) 17 ) Defendants. ) 18 19 Plaintiff Anthony Penton (“Plaintiff”) and Defendant Layton Johnson, Jr. (“Defendant”) 20 (jointly, the “Parties”) respectfully submit this stipulation regarding a stay of enforcement of the 21 judgment. 22 This case was tried to a jury in September of 2023. (ECF Nos. 354, 356, 364.) On 23 September 20, 2023, the jury returned a verdict in favor of Plaintiff and awarded compensatory 24 damages in the amount of $475,000. The jury did not award punitive damages. (ECF No. 362- 25 1.) Defendant filed a notice of appeal on August 7, 2024. (ECF No. 402.) 26 / / / 27 / / / 28 / / / 1 Plaintiff filed an application for writ of execution on September 3, 2024. (ECF No. 408.) 2 The writ was entered on September 18, 2024. (ECF No. 409.) Defendant filed a motion to stay 3 enforcement of the judgment pending appeal and to waive supersedeas bond on October 1, 2024. 4 (ECF No. 410.) Plaintiff’s motion for attorney’s fees was heard October 3, 2024. (ECF No. 5 413.) At the hearing, the Court issued an order staying enforcement of the judgment pending a 6 resolution of Defendant’s motion to stay. (ECF No. 413.) After discussion amongst counsel, the 7 Parties desire to stipulate to a stay of enforcement of the judgment without supersedeas bond 8 pending resolution of the appeal. 9 Rule 62(b) permits the Court to stay execution of a judgment pending appeal. Fed. R. 10 Civ. P. 62(b). The purpose is to “preserve the status quo” pending a decision by the appellate 11 court. See Vacation Vill., Inc. v. Clark Cty. Nev., 497 F.3d 902, 914 (9th Cir. 2007) (analyzing 12 the former Rule 62(d), now Rule 62(b)). Eastern District Local Rule 151(d) requires a 13 supersedeas bond of 125 percent of the judgment “unless the Court otherwise orders.” E.D. 14 Local Rule 151(d). However, district courts maintain “inherent discretionary authority” to set 15 the requirements for supersedeas bond. Rachel v. Banana Republic, Inc., 831 F.2d 1503, 1505 16 n.1 (9th Cir. 1987). 17 Based on the attached declaration by Julie H. Sobel (“Exhibit A”), providing that 18 Defendant will be indemnified by the State of California/California Department of Corrections 19 and Rehabilitation, for the judgment in this case, which includes any award of Plaintiff’s 20 attorneys’ fees and costs addressed by Plaintiff’s currently pending motion, the Parties hereby 21 stipulate to a stay of enforcement of the judgment in this case pending resolution of the appeal. 22 Further, the Parties stipulate to a stay of enforcement without supersedeas bond. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 It is so stipulated: 2 Dated: October 15, 2024 LONGYEAR, LAVRA & CAHILL, LLP 3 By: /s/ Nicole M. Cahill 4 VAN LONGYEAR NICOLE M. CAHILL 5 Attorneys for Defendant, L. Johnson 6 7 Dated: October 15, 2024 SIMPSON THACHER & BARTLETT LLP 8 9 10 By: /s/ Pierce A. MacConaghy[as authorized on 10-15-24] 11 HARRISON J. FRAHN IV JONATHAN C. SANDERS 12 HILARY CHI WING WONG PIERCE A. MACCONAGHY 13 Attorneys for Plaintiff, Anthony Penton 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 3 Enforcement of the judgment in this case is STAYED pending resolution of the appeal, 4 including any award of Plaintiff’s attorneys’ fees and costs addressed by Plaintiff’s currently 5 pending motion. Further, the Parties stipulate to a stay of enforcement without supersedeas 6 bond. In light of the parties’ stipulation, Defendant’s Motion to Stay Enforcement of Judgment 7 and Waive Bond, ECF No. 412, is DENIED AS MOOT. 8 9 IT IS SO ORDERED. 10 11 Dated: October 16, 2024 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28