Schmuckley et al v. Rite Aid Corporation

Filing 142

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/17/2018 ORDERING that Rite Aid may, without seeking leave of the Court, file amended answers to California's Complaint-in-Intervention and Relator's First Amended Comp laint on or before 10/31/2018. The deadline for Plaintiffs to file their motion(s) to strike Rite Aid's Answer to California's Complaint-in-Intervention 138 and Answer to Relators First Amended Complaint 139 shall be 11/7/2018. (Washington, S)

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XAVIER BECERRA
Attorney General of California
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]

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Attorneys for State of California
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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

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2:12-CV-1699 KJM EFB
JOINT STIPULATION REGARDING
EXTENSION OF DEADLINES FOR
DEFENDANT TO FILE AMENDED
ANSWERS WITHOUT LEAVE OF
COURT AND FOR PLAINTIFFS TO FILE
MOTION TO STRIKE ANSWERS;
ORDER

Plaintiffs,
v.

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RITE AID CORPORATION,
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Defendant.

Complaint Filed: September 21, 2017

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

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Plaintiff,
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v.
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RITE AID CORPORATION,
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Defendant.
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JOINT STIP. RE EXTENSION OF DEADLINES FOR DEFENDANT TO FILE AMENDED ANSWERS WITHOUT LEAVE OF COURT
AND FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; ORDER (2:12-CV-1699 KJM EFB)

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RECITALS
WHEREAS, on September 21, 2017, Plaintiff-Intervenor State of California (“California”)
filed its Complaint-in-Intervention in the above-captioned False Claims Act qui tam matter.
WHEREAS, on November 20, 2017, Relator Loyd F. Schmuckley, Jr., (“Relator”) served
his First Amended Complaint on Defendant Rite Aid Corporation (“Rite Aid”).
WHEREAS, on January 19, 2018, Rite Aid filed a motion to dismiss California’s Complaintin-Intervention and Relator’s First Amended Complaint.

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WHEREAS, on September 5, 2018, the Court denied Rite Aid’s motion to dismiss and

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ordered Rite Aid to serve its Answer to California’s Complaint-in-Intervention and Answer to

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Relator’s First Amended Complaint 21 days therefrom.
WHEREAS, on September 26, 2018, Rite Aid filed and served its Answers to California’s
Complaint-in-Intervention and Relator’s First Amended Complaint.

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WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(1), the deadline for Rite Aid

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to amend its answers as a matter of course is 21 days after the service of the answers, i.e., October

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17, 2018.

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WHEREAS, pursuant to Federal Rule of Civil Procedure 12(f)(2), the deadline for California

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and Relator to file a motion to strike Rite Aid’s answers is 21 days from the filing of the answers,

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i.e., October 17, 2018.

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WHEREAS, the parties are meeting and conferring regarding plaintiffs’ motion to strike and
the potential of Rite Aid filing amended answers.
WHEREAS, the parties recognize the need to further meet and confer and avoid unnecessary
motion practice.

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STIPULATION

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The parties stipulate and agree, therefore, to the following:

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

Pursuant to Federal Rule of Civil Procedure 15(a)(2), Rite Aid may, without seeking leave

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of the Court, file amended answers to California’s Complaint-in-Intervention and

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Relator’s First Amended Complaint on or before October 31, 2018, and

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JOINT STIP. RE EXTENSION OF DEADLINES FOR DEFENDANT TO FILE AMENDED ANSWERS WITHOUT LEAVE OF COURT
AND FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; ORDER (2:12-CV-1699 KJM EFB)

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

the deadine for Plaintiffs to file a motion to strike relating to Rite Aid’s Answer to

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California’s Complaint-in-Intervention [Dkt. 138] or Answer to Relator’s First Amended

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Complaint [Dkt. 139] shall be extended 21 days, up to and including November 7, 2018.

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Dated: October 12, 2018

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XAVIER BECERRA
Attorney General of the State of California
By

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/s/ Emmanuel R. Salazar
Emmanuel R. Salazar
Deputy Attorney General

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Attorneys for STATE OF CALIFORNIA

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Dated: October 12, 2018
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By /s/ Wm. Paul Lawrence, II (as authorized on
10/12/18)
Wm. Paul Lawrence, II (Pro hac vice)
Washington D.C. Metro Office
37163 Mountville Road
Middleburg, VA 20117
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

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WATERS & KRAUS, LLP

Dated: October 12, 2018

MORGAN, LEWIS & BOCKIUS LLP
By
/s/ Michael Q. Eagan, Jr. (as authorized on
10/12/18)
Michael Q. Eagan, Jr.
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
RITE AID CORPORATION

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JOINT STIP. RE EXTENSION OF DEADLINES FOR DEFENDANT TO FILE AMENDED ANSWERS WITHOUT LEAVE OF COURT
AND FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; ORDER (2:12-CV-1699 KJM EFB)

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ORDER
Finding good cause, IT IS ORDERED that the above stipulation is approved. Pursuant to

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Federal Rule of Civil Procedure 15(a)(2), Rite Aid may, without seeking leave of the Court, file

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amended answers to California’s Complaint-in-Intervention and Relator’s First Amended

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Complaint on or before October 31, 2018. The deadline for Plaintiffs to file their motion(s) to

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strike Rite Aid’s Answer to California’s Complaint-in-Intervention [Dkt. 138] and Answer to

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Relator’s First Amended Complaint [Dkt. 139] shall be November 7, 2018.

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IT IS SO ORDERED.
DATED: October 17, 2018.

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UNITED STATES DISTRICT JUDGE

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JOINT STIP. RE EXTENSION OF DEADLINES FOR DEFENDANT TO FILE AMENDED ANSWERS WITHOUT LEAVE OF COURT
AND FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; ORDER (2:12-CV-1699 KJM EFB)

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PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this action. My business address is: 2329 Gateway
Oaks Drive, Suite 200, Sacramento, CA 95833.

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A true and correct copy of the foregoing document entitled (specify):
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JOINT STIPULATION REGARDING EXTENSION OF DEADLINES FOR
DEFENDANT TO FILE AMENDED ANSWERS WITHOUT LEAVE OF COURT AND
FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; [PROPOSED] ORDER
THEREON

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was served in the manner stated below:

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SERVED BY CM/ECF SERVICE: Pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Local Rule 135,
on 10/17/2018, I served the following persons and/or entities by the Court’s CM/ECF service:

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Eric W. Sitarchuk
Kelly A. Moore
Tera M. Heintz
Michael Q. Eagan
Morgan, Lewis & Bockius, LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596

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Catherine J. Swann
United States Attorney’s Office
501 I Street, Suite 10-100
Sacramento, CA 95814

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Michael L. Armitage
Wm. Paul Lawrence
Charles S. Segal
c/o Waters & Kraus
3141 Hood Street, Suite 700
Dallas, TX 75219

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I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.

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10/17/2018

Emmanuel R. Salazar

/s/ Emmanuel R. Salazar

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Date

Printed Name

Signature

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JOINT STIPULATION REGARDING EXTENSION OF DEADLINE FOR DEFENDANT TO FILE AMENDED ANSWERS AND FOR
PLAINTIFFS TO FILE MOTION TO STRIKE ANSWERS; PROPOSED ORDER THEREON (2:12-CV-1699 KJM EFB)