Penton v. Hubard et al

Filing 384

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/7/2023 EXTENDING DEADLINES and RESETTING the Rule 50 Motion Hearing to 1/18/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Clemente Licea, O)

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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, ,
Defendant.

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) 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

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).
The transcript from the trial in this matter was received on Friday, November 3, 2023.

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Accordingly, Defendant’s Rule 50 motion is due Friday, November 24, 2023, in accordance with

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the Court’s briefing schedule (ECF 371). Plaintiff’s Opposition to Defendant’s Rule 59 motion

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is also due Friday, November 24, 2023, 14 days after the filing of Defendant’s supplemental

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brief is due. As November 24, 2023, is the day after the Thanksgiving holiday, the Parties desire

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a brief extension to allow them to file their respective briefs the following Monday, November

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27, 2023.
Accordingly, the parties stipulate to the following briefing schedule related to the filing

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of post-trial motions:
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Defendant’s supplemental Rule 59 motion is scheduled as due on Friday November

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10, 2023. However, November 10th being a Court holiday, the brief is due Monday,

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November 13, 2023;
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Plaintiff’s opposition to Defendant’s Rule 59 motion is due Monday November, 27,
2023;

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•

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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, December 7, 2023;

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•

Defendant’s Rule 50 motion is due on Monday, November 27, 2023;

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•

Plaintiff’s opposition to Defendant’s Rule 50 brief is due on December 11, 2023;

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•

Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due
December 21, 2023;

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STIPULATION AND ORDER TO EXTEND DEADLINES- 2

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Dated: November 7, 2023

LONGYEAR & LAVRA, LLP

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

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Dated: November 7, 2023

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Pierce A. MacConaghy [as authorized on 11-7-23]
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:
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Defendant’s supplemental Rule 59 motion is scheduled as due on Friday November

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10, 2023. However, November 10th being a Court holiday, the brief is due Monday,

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November 13, 2023;

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2023;

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Plaintiff’s opposition to Defendant’s Rule 59 motion is due Monday November, 27,

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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, December 7, 2023;

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•

Defendant’s Rule 50 motion is due on Monday, November 27, 2023;

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•

Plaintiff’s opposition to Defendant’s Rule 50 brief is due on December 11, 2023;

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Defendant’s reply to Plaintiff’s opposition to Defendant’s Rule 50 brief is due
December 21, 2023;

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Defendant’s Rule 50 Motion shall be noticed for hearing on 1/18/2024 at 1:30 PM.

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The hearing on Defendant’s Rule 59 Motion, ECF No. 376, and Plaintiff’s Motion for

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Attorneys’ Fees and Costs, ECF No. 378, set for 11/30/2023, is vacated and reset for

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1/18/2024 at 1:30 PM.

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IT IS SO ORDERED.

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Dated: November 7, 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