Penton v. Hubard et al

Filing 380

STIPULATION and ORDER TO EXTEND DEADLINES signed by District Judge Daniel J. Calabretta on 10/26/2023. (Mena-Sanchez, L)

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LONGYEAR & LAVRA, LLP
Van Longyear, CSB No.: 84189
Nicole M. Cahill, CSB No.: 287165
555 University Avenue, Suite 280
Sacramento, CA 95825
Phone: [phone]
Facsimile: 916-974-8510
Emails: [e-mail]
[e-mail]

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Attorneys for Defendant, L. Johnson

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SIMPSON THACHER & BARTLETT LLP
Harrison J. Frahn IV (SBN: 206822)
[e-mail]
Jonathan C. Sanders (SBN: 228785)
[e-mail]
Hilary Wong (SBN: 336544)
[e-mail]
Pierce A. MacConaghy (SBN: 341371)
[e-mail]
2475 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiff Anthony Penton

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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ANTHONY PENTON,
Plaintiff,

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vs.

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L. JOHNSON, ,

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Defendant.

) Case No.: 2:11-CV-00518-DJC-KJN
)
) STIPULATION AND ORDER TO
) EXTEND DEADLINES
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Plaintiff Anthony Penton (“Plaintiff”) and Defendant Layton Johnson (“Defendant”)

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(collectively, the “Parties”) respectfully submit this stipulation to request extensions of various

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deadlines related to the filing of post-trial motions.

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STIPULATION AND ORDER TO EXTEND DEADLINES- 1

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Under Federal Rule of Civil Procedure 6(b)(1), “[w]hen an act may or must be done

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within a specified time period, the court may, for good cause, extend the time. . . with or without

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motion or notice if the court acts, or if a request is made, before the original time or its extension

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expires. . .” As the Ninth Circuit has said, “[r]equests for extension of time made before the

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applicable deadline has passed ‘normally . . . should be granted in the absence of bad faith on the

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part of the party seeking relief or prejudice to the adverse party.’” Ahanchian v. Xenon Pictures,

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Inc., 642 F.3d 1253, 1259 (9th Cir. 2010) (citations omitted).

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Accordingly, the parties stipulate to the following briefing schedule related to the filing
of post-trial motions:
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the official transcript for purposes of adding citations to the record;

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Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 10
days after filing of Plaintiff’s opposition;

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Plaintiff’s opposition to Defendant’s Rule 50 brief is due 14 days after filing of
Defendant’s Rule 50 motion;

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Defendant’s Rule 50 motion is due within 21 days of receipt of the official transcript
in accordance with the Court’s minute order (ECF 371);

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Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10
days after the filing of Plaintiff’s opposition;

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Plaintiff’s opposition to Defendant’s Rule 59 motion is due 14 days after the filing of
Defendant’s supplemental brief;

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Defendant be allowed to supplement his Rule 59 motion within 7 days of receipt of

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Defendant’s opposition to Plaintiff’s motion for costs and fees (ECF 378) is due 14
days after resolution of Defendant’s Rule 50 and Rule 59 motions.

The Parties also request that the current hearing date for Defendant’s Rule 59 motion be

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vacated and re-set after the filing of Defendant’s Rule 50 briefing so that both motions may be

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heard at the same time.

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STIPULATION AND ORDER TO EXTEND DEADLINES- 2

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Dated: October 26, 2023

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By: /s/ Nicole M. Cahill
VAN LONGYEAR
NICOLE M. CAHILL
Attorneys for Defendant,
L. Johnson

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LONGYEAR & LAVRA, LLP

Dated: October 26, 2023

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Pierce A. MacConaghy [as authorized on 10-26-23]
HARRISON J. FRAHN IV
JONATHAN C. SANDERS
HILARY CHI WING WONG
PIERCE A. MACCONAGHY
Attorneys for Plaintiff,
Anthony Penton

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STIPULATION AND ORDER TO EXTEND DEADLINES- 3

ORDER RE: EXTENSION DEADLINES

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Based on the foregoing Stipulation of the parties and good cause appearing, it is hereby
ordered that briefing of post-trial motions be scheduled as follows:
•

the official transcript for purposes of adding citations to the record;

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Defendant’s opposition to Plaintiff’s motion for costs and fees (ECF 378) is due 14
days after resolution of Defendant’s Rule 50 and Rule 59 motions.

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Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due 10
days after filing of Plaintiff’s opposition;

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Plaintiff’s opposition to Defendant’s Rule 50 brief is due 14 days after filing of
Defendant’s Rule 50 motion;

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Defendant’s Rule 50 motion is due within 21 days of receipt of the official transcript
in accordance with the Court’s minute order (ECF 371);

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Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 59 motion is due 10
days after the filing of Plaintiff’s opposition;

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Plaintiff’s opposition to Defendant’s Rule 59 motion is due 14 days after the filing of
Defendant’s supplemental brief;

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Defendant be allowed to supplement his Rule 59 motion within 7 days of receipt of

Additionally, the current hearing date for Defendant’s Rule 59 motion is VACATED, to

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be re-set after the filing of Defendant’s Rule 50 briefing so that both motions may be heard at the

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same time.

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IT IS SO ORDERED.

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Dated: October 26, 2023

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO EXTEND DEADLINES- 4