Schmuckley et al v. Rite Aid Corporation

Filing 111

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/21/18: The page limit for California's memorandum of points and authorities in opposition to Rite Aid's Consolidated Motion to Dismiss shall not exceed 26 pages, and Rite Aid may file, at its option, either a reply to California's opposition not in excess of 13 pages, or a consolidated reply to Relator's and California's opposition memoranda not in excess of 18 pages. (Kaminski, H)

1
2
3
4
5
6
7
8
9

XAVIER BECERRA
Attorney General of California
GERALD A. ENGLER
Chief Assistant Attorney General
SARALYN M. ANG-OLSON
Senior Assistant Attorney General
VINCENT DICARLO
Supervising Deputy Attorney General
BERNICE L. LOUIE YEW, State Bar No. 114601
Deputy Attorney General
E-mail: [e-mail]
EMMANUEL R. SALAZAR, State Bar No. 240794
Deputy Attorney General
E-mail: [e-mail]
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4252
Telephone: [phone]
Fax: [phone]

10
Attorneys for State of California
11
12

IN THE UNITED STATES DISTRICT COURT

13

FOR THE EASTERN DISTRICT OF CALIFORNIA

14
15
16

UNITED STATES OF AMERICA, et al., ex
rel. LOYD F. SCHMUCKLEY, JR.,

17
18

Plaintiffs,
v.

19

2:12-CV-1699 KJM EFB
JOINT STIPULATION AND ORDER
REGARDING PAGE LIMITS RELATED
TO STATE OF CALIFORNIA’S
OPPOSITION TO RITE AID
CORPORATION’S CONSOLIDATED
MOTION TO DISMISS

RITE AID CORPORATION,
20
Defendant.
21
22

STATE OF CALIFORNIA ex rel. LOYD F.
SCHMUCKLEY, JR.,

23
Plaintiff,
24
v.
25
RITE AID CORPORATION,
26
Defendant.
27
28

Plaintiff State of California (“California”), qui tam plaintiff Loyd F. Schmuckley, Jr.,
1
JOINT STIPULATION AND ORDER REGARDING PAGE LIMITS RELATED TO STATE OF CALIFORNIA’S OPPOSITION TO RITE
AID CORPORATION’S CONSOLIDATED MOTION TO DISMISS

1

(“Schmuckley”) and defendant Rite Aid Corporation (“Rite Aid”), jointly hereinafter, “the

2

Parties,” hereby enter into this joint stipulation and proposed order for the Court’s consideration:

3

RECITALS

4
5
6
7
8
9
10
11

WHEREAS, California filed its Complaint-in-Intervention with the Court in this action
on September 21, 2017 (Dkt. 57);
WHEREAS, Schmuckley filed his First Amended Complaint with the Court in this action
on September 28, 2017 (Dkt. 79);
WHEREAS, Rite Aid filed a 25-page memorandum of points and authorities in support
of its Consolidated Motion to Dismiss California’s Complaint-in-Intervention and Schmuckley’s
First Amended Complaint (“Consolidated Motion to Dismiss”) on January 19, 2018;
WHEREAS, the Parties have agreed that good cause exists to allow California’s

12

memorandum of points and authorities in opposition to Rite Aid’s Consolidated Motion to

13

Dismiss to exceed 20 pages but no more than 26 pages;

14

WHEREAS, the Parties have agreed that good cause exists to allow Rite Aid to file, at its

15

option, either (i) a reply to California’s opposition not in excess of 13 pages, or (ii) a consolidated

16

reply to Relator’s and California’s opposition memoranda not in excess of 18 pages;

17
18

WHEREAS, none of the Parties is waiving any defense, right or claim by entering into
this stipulation.

19

JOINT STIPULATION

20

The Parties hereby stipulate and agree that the page limit for California’s memorandum of

21

points and authorities in opposition to Rite Aid’s Consolidate Motion to Dismiss shall not exceed

22

twenty-six pages, and that Rite Aid may file, at its option, either (i) a reply to California’s

23

opposition not in excess of 13 pages, or (ii) a consolidated reply to Relator’s and California’s

24

opposition memoranda not in excess of 18 pages;

25

IT IS SO STIPULATED.

26
27
28

Dated: 2/14/2018

XAVIER BECERRA
Attorney General of California
2

JOINT STIPULATION AND ORDER REGARDING PAGE LIMITS RELATED TO STATE OF CALIFORNIA’S OPPOSITION TO RITE
AID CORPORATION’S CONSOLIDATED MOTION TO DISMISS

1
/s/ Emmanuel R. Salazar
EMMANUEL R. SALAZAR
Deputy Attorney General
Attorneys for Plaintiff State of California

2
3
4
5

Dated: 2/15/2018

6

WATERS & KRAUS
/S/ William P. Lawrence, II (as authorized on
2/15/2018)
WILLIAM PAUL LAWRENCE, II
Attorneys for Qui Tam Plaintiff Loyd F. Schmuckley,
Jr.

7
8
9
10

Dated: 2/14/2018

MORGAN, LEWIS & BOCKIUS LLP
/s/ Michael Q. Eagan (as authorized on 2/14/2018)
MICHAEL Q. EAGAN
Attorneys for Defendant Rite Aid Corporation

11
12
13
14

ORDER

15

Based upon the agreement of the Parties, and the Court finding good cause therefor,

16

IT IS HEREBY ORDERED THAT the page limit for California’s memorandum of

17

points and authorities in opposition to Rite Aid’s Consolidated Motion to Dismiss shall not

18

exceed 26 pages, and that Rite Aid may file, at its option, either (i) a reply to California’s

19

opposition not in excess of 13 pages, or (ii) a consolidated reply to Relator’s and California’s

20

opposition memoranda not in excess of 18 pages.

21
22

IT IS SO ORDERED.
DATED: February 21, 2018.

23
24

UNITED STATES DISTRICT JUDGE

25
26
27
28
3
JOINT STIPULATION AND ORDER REGARDING PAGE LIMITS RELATED TO STATE OF CALIFORNIA’S OPPOSITION TO RITE
AID CORPORATION’S CONSOLIDATED MOTION TO DISMISS