Schmuckley et al v. Rite Aid Corporation

Filing 137

ORDER signed by District Judge Kimberly J. Mueller on 9/25/18 EXTENDING dates as follows: First Phase of Discovery shall be Completed by 4/26/19; Second Phase of Discovery shall be completed by 8/23/19; Expert Disclosures (other than sampling method ology/design) shall be completed by 9/23/19; Rebuttal Expert Disclosures (other than sampling methodology/design) shall be completed by 11/19/19; Expert Discovery shall be Completed by 12/19/19. Las day to Hear Dispositive Motions 4/10/2019 at 10:00 A.M. in Courtroom No. 3. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA, and the STATE OF CALIFORNIA, et al., ex rel. LOYD F. SCHMUCKLEY, JR., 13 No. 2:12-cv-01699-KJM-EFB ORDER Plaintiffs, 14 v. 15 RITE AID CORPORATION, 16 Defendant. 17 18 STATE OF CALIFORNIA, ex rel. LOYD F. SCHMUCKLEY, JR., 19 Plaintiffs, 20 v. 21 RITE AID CORPORATION, 22 Defendant. 23 24 In its May 29, 2018 pretrial scheduling order, the court set initial discovery 25 deadlines and directed the parties to submit “more refined proposal[s] for a motion to validate 26 plaintiff’s proposed statistical sampling methods, or an alternative proposal to such a motion.” 27 Order, ECF No. 128 at 5. The parties filed a joint objection to the scheduling order, Objs., ECF 28 1 1 No. 130, and later filed dueling proposed schedules for a motion to validate plaintiff’s proposed 2 statistical sampling methods, Pls.’ Proposal, ECF No. 131; Def.’s Proposal, ECF No. 132. 3 After considering the parties’ joint objections to the scheduling order and separate 4 proposed schedules for the validation motion, the court AMENDS the scheduling order as 5 follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Event Plaintiffs’ disclosure of sampling methodology expert report and materials Defendant’s Disclosure of Sampling Methodology Expert Report and Materials Last Day to Depose Defendant’s Sampling Methodology and Statistical Expert Defendant’s Motion Challenging Plaintiffs’ Sampling Methodology and Design Plaintiffs’ Opposition Brief Defendant’s Reply Brief Hearing on Motion First Phase of Discovery Completed Second Phase of Discovery Completed Expert Disclosures (other than sampling methodology/design) Rebuttal Expert Disclosures (other than sampling methodology/design) Expert Discovery Completed Last Day to Hear Dispositive Motions Current Date Amended Date Earliest feasible point. 7/16/2018 N/A 12/15/2018 N/A 1/31/2019 N/A 2/1/2019 N/A N/A N/A 1/25/2019 5/24/2019 3/1/2019 3/22/2019 4/5/2019 at 10:00 A.M. in Courtroom No. 3 4/26/2019 8/23/2019 3/15/2019 9/23/2019 4/18/2019 11/19/2019 5/24/2019 7/12/2019 12/19/2019 4/10/2020 at 10:00 A.M. in Courtroom No. 3. 22 23 24 25 26 27 Although this order assumes the parties have adhered to the dates agreed to in their joint objections, see Objs. at 2, the parties may notify the court of changed circumstances by filing a stipulation to further clarify or modify the scheduling order. IT IS SO ORDERED. DATED: September 25, 2018. UNITED STATES DISTRICT JUDGE 28 2

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