Flynt et al v. Harris et al

Filing 75

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/13/2021 ORDERING Joint Mid-Litigation Statement Filing due 11/10/2021. Discovery due by 11/24/2021. Dispositive Motions due by 1/7/2022. Final Pretrial Conference set for 4/22/2022 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury/Bench Trial set for 7/11/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

ROB BONTA, State Bar No. 202668
Attorney General of California
SARA J. DRAKE, State Bar No. 102565
Senior Assistant Attorney General
T. MICHELLE LAIRD, State Bar No. 162979
Supervising Deputy Attorney General
JAMES G. WAIAN, State Bar No. 152084
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
PAUL J. CAMBRIA, JR. (State Bar No. 177957)
ERIN MCCAMPBELL PARIS (pro hac vice)
[e-mail]
[e-mail]
LIPSITZ GREEN SCIME CAMBRIA LLP
42 Delaware Avenue, Suite 120
Buffalo, NY 14202-3924
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

15
16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE EASTERN DISTRICT OF CALIFORNIA

18
19
20
21
22
23
24
25
26
27
28

LARRY C. FLYNT, HAIG KELEGIAN,
SR., and HAIG T. KELEGIAN, JR.,

2:16-cv-02831-JAM-JDP

STIPULATION TO EXTEND DATES
Plaintiffs, AND DEADLINES; ORDER

v.

Courtroom:
Judge:

6
The Honorable John A.
Mendez
Trial Date:
February 7, 2022
Action Filed: November 30, 2016

YOLANDA MORROW, in her official
capacity as the Acting Director of the
California Department of Justice, Bureau of
Gambling Control; ROB BONTA, in his
official capacity as Attorney General of the
State of California; PAULA D. LaBRIE, in
her official capacity as Chair of the
California Gambling Control Commission;
ERIC C. HEINS, in his official capacity as
Commissioner of the California Gambling
Control Commission; EDWARD YEE, in
1

Stipulation to Extend Dates and Deadlines; Order (2:16-cv-02831-JAM-JDP)

1
2
3

his official capacity as Commissioner of the
California Gambling Control Commission;
CATHLEEN GALGIANI, in her official
capacity as Commissioner of the California
Gambling Control Commission,

4

Defendants.

5

Plaintiffs Larry C. Flynt, Haig Kelegian, Sr., and Haig T. Kelegian, Jr. (Plaintiffs), and

6

Defendants Yolanda Morrow, in her official capacity as the Acting Director of the California

7

Department of Justice, Bureau of Gambling Control, Rob Bonta, in his official capacity as

8

Attorney General of the State of California, Paula D. LaBrie, in her official capacity as Chair of

9

the California Gambling Control Commission, Eric C. Heins, in his official capacity as

10

Commissioner of the California Gambling Control Commission, Edward Yee, in his official

11

capacity as Commissioner of the California Gambling Control Commission, and Cathleen

12

Galgiani, in her official capacity as Commissioner of the California Gambling Control

13

Commission (Defendants) 1 (collectively, the Parties), through their respective counsel of record,

14

agree and stipulate as follows:

15

On February 18, 2020, the Court issued the Status (Pre-trial Scheduling) Order (the Order),

16

setting certain dates and deadlines for litigation of the First Amended Complaint with the first

17

deadlines set for approximately seven months after issuance of the Order. (See Docket 49.) On

18

September 21, 2020, the Parties requested an extension of the dates and deadlines in this

19

litigation. (See Docket 61.) The Court issued a minute order granting that request on September

20

22, 2020. (See Docket 62.) On January 14, 2021, the Court entered an order granting in part and

21
22
23
24
25
26
27
28

1

Rule 25 of the Federal Rules of Civil Procedure requires the automatic substitution of a
public officer who is a party to a pending case and who ceases to hold office while the case is
pending. No motion or court order is required to effect the substitution. Fed. R. Civ. P. 25(d).
The caption in this case previously referred to Gareth Lacy, a defendant in this case in his official
capacity only as Commissioner of the California Gambling Control Commission. Mr. Lacy left
his position on February 23, 2021 and ceases to hold office with the Commission. Edward Yee
and Cathleen Galgiani assumed office as Commissioners on March 4, 2021 and April 30, 2021,
respectively. Pursuant to Rule 25, subsection (d), of the Federal Rules of Civil Procedure, Mr.
Lacy has been removed from the caption in this case and Mr. Yee and Ms. Galgiani have been
added. In addition, Rob Bonta assumed office as Attorney General of the State of California on
April 23, 2021. Pursuant to Rule 25, subsection (d), Mr. Bonta has been added to the caption and
former Attorney General Xavier Becerra has been removed. Finally, Yolanda Morrow is now
Acting Director of the California Department of Justice, Bureau of Gambling Control, succeeding
Stephanie K. Shimazu. Pursuant to Rule 25, subsection (d), Ms. Morrow has been added to the
caption and Ms. Shimazu has been removed.
2
Stipulation to Extend Dates and Deadlines; Order (2:16-cv-02831-JAM-JDP)

1

denying in part Defendants’ motion to dismiss the Second Amended Complaint. (See Docket 67.)

2

Because the Court’s January 14, 2021 order dismissed two of the three counts in the Second

3

Amended Complaint and altered the issues to be litigated, and due to the unavoidable delays

4

associated with conducting discovery during the COVID-19 pandemic, on February 9, 2021, the

5

Parties requested an extension of the remaining dates and deadlines set in the September 22, 2020

6

minute order. (See Docket 70.) The Court issued a minute order granting that request on

7

February 10, 2021. (See Docket 71.)

8
9

That same day, on February 10, 2021, plaintiff Larry C. Flynt passed away. Defendants
filed a Statement Noting the Death of Plaintiff Larry C. Flynt on February 19, 2021. (See Docket

10

72.) On May 10, 2021, counsel for the remaining Plaintiffs filed a Motion To Substitute

11

Elizabeth Flynt as Plaintiff (Motion To Substitute). (See Docket 73.) The hearing on the Motion

12

To Substitute is scheduled for July 27, 2021. Because of the unforeseen event of the passing of

13

Mr. Flynt, and due to the pending Motion To Substitute, the Parties respectfully request an

14

extension of the remaining dates and deadlines set in the February 10, 2021 minute order. The

15

extension will provide time for the Court to rule on the Motion To Substitute and, following that

16

ruling, enable the Parties to conduct discovery targeting the matters at issue resulting from the

17

Court’s ruling on the Motion To Substitute.

18

To this end, the Parties propose the following new dates and deadlines:

19

Current:

Proposed:

20

Joint Mid-Litigation Statement Filing Deadline: 6/11/2021

11/10/2021

21

Discovery Cutoff Date:

6/25/2021

11/24/2021

22

Dispositive Motion Filing Deadline:

8/6/2021

1/7/2022

23

Dispositive Motion Hearing:

9/28/2021

3/1/2022 (1:30 PM)

24

Final Pretrial Conference:

11/19/2021

4/22/2022 (10:00 AM)

25

Jury/Bench Trial:

2/7/2022

7/11/2022 (9:00 AM)

26

For all the foregoing reasons, the Parties respectfully request that the Court extend the

27
28

remaining dates and deadlines as set forth above.
3
Stipulation to Extend Dates and Deadlines; Order (2:16-cv-02831-JAM-JDP)

1

Dated: May 13, 2021

ROB BONTA
Attorney General of California
SARA J. DRAKE
Senior Assistant Attorney General
T. MICHELLE LAIRD
Supervising Deputy Attorney General

2
3
4

/s/ James G. Waian

5

JAMES G. WAIAN
Deputy Attorney General
Attorneys for Defendants

6
7
8

Dated: May 13, 2021

LIPSITZ GREEN SCIME CAMBRIA LLP

9

By:

10

/s/ Paul J. Cambria, Jr.

Paul J. Cambria, Jr.
Attorneys for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
Stipulation to Extend Dates and Deadlines; Order (2:16-cv-02831-JAM-JDP)

ORDER

1
2

Pursuant to the stipulation entered by and between Plaintiffs Larry C. Flynt, Haig

3

Kelegian, Sr., and Haig T. Kelegian, Jr., and Defendants Yolanda Morrow, in her official capacity

4

as the Acting Director of the California Department of Justice, Bureau of Gambling Control, Rob

5

Bonta, in his official capacity as Attorney General of the State of California, Paula D. LaBrie, in

6

her official capacity as Chair of the California Gambling Control Commission, Eric C. Heins, in

7

his official capacity as Commissioner of the California Gambling Control Commission, Edward

8

Yee, in his official capacity as Commissioner of the California Gambling Control Commission,

9

and Cathleen Galgiani, in her official capacity as Commissioner of the California Gambling

10

Control Commission, the Court vacates the dates and deadlines set in the Court’s February 10,

11

2021 minute order, and the Court sets the following new dates and deadlines:

12

Joint Mid-Litigation Statement Filing Deadline:

11/10/2021

13

Discovery Cutoff Date:

11/24/2021

14

Dispositive Motion Filing Deadline:

1/7/2022

15

Dispositive Motion Hearing:

3/1/2022, at 1:30 PM

16

Final Pretrial Conference:

4/22/2022, at 10:00 AM

17

Jury/Bench Trial:

7/11/2022, at 9:00 AM

18
19
20
21

Dated: May 13, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

22
23
24
25
26
27
28

5
Stipulation to Extend Dates and Deadlines; Order (2:16-cv-02831-JAM-JDP)