Schmuckley et al v. Rite Aid Corporation

Filing 184

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/9/2019 GRANTING 183 joint motion seeking clarification. The 176 Order is AMENDED as follows: expert discovery completion extended to 2/19/2020; the last day to hear dispositive motions is extended to 6/12/2020. (Zignago, K.)

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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 MOTION FOR CLARIFICATION
RE: SCHEDULING ORDER [ECF NO.
176]; ORDER

Plaintiffs,
v.

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RITE AID CORPORATION,
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Defendant.
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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 MOTION FOR CLARIFICATION RE: SCHEDULING ORDER [ECF NO. 176];
ORDER (2:12-CV-1699 KJM EFB)

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JOINT MOTION FOR CLARIFICATION RE: SCHEDULING ORDER [ECF NO. 176]

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Plaintiff-Intervenor State of California, Plaintiff Loyd F. Scmuckley, Jr., and Defendant

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Rite Aid Corporation (collectively, “the Parties”) jointly hereby move the Court for an order

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clarifying certain dates listed in the Order issued on December 12, 2018, ECF No. 176.

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On September 26, 2018, the Court issued an amended scheduling Order, ECF No. 137,

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which Rite Aid Corporation (“Rite Aid”) moved to modify on November 11, 2018, ECF No.

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148. On December 12, 2018, the Court granted Rite Aid’s motion and found good cause to

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adopt Rite Aid’s proposed extension by two months of all future dates listed in ECF No. 137.

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See ECF No. 176 at 6-7. However, there is an apparent discrepancy between the table of

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modified dates as proposed by Rite Aid and the table of modified dates as ordered by the Court.

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Compare ECF No. 148 at 12 with ECF No. 176 at 7. In particular, the Court listed the new date

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for “Expert Discovery Completed” as “6/12/2010 at 10 a.m. in Courtroom No. 3” and the Court

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did not provide a date for the “Last Day to Hear Dispositive Motions.” Id.

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The Parties, therefore, jointly move the Court to clarify and amend the Order, ECF No.

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176, to conform to Rite Aid’s proposed modified schedule, ECF No. 148, which should read as

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follows:

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Event
Expert Discovery Completed
Last Day to Hear Dispositive
Motions

Previous Amended Date
12/19/2019
4/10/2020 at 10:00 A.M. in
Courtoom No. 3.

Modified Date
2/19/2020
6/12/2020 at 10:00 A.M. in
Courtroom No. 3.

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All listed dates in ECF No. 176 other than for the two above events should remain the same.
Respectfully submitted,

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XAVIER BECERRA
Attorney General of California

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December 31, 2018

By

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

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Attorneys for STATE OF CALIFORNIA
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JOINT MOTION FOR CLARIFICATION RE: SCHEDULING ORDER [ECF NO. 176];
ORDER (2:12-CV-1699 KJM EFB)

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Dated: December 31, 2018

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WATERS & KRAUS, LLP
By

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BARTLETT BARROW LLP
Brian P. Barrow (CA Bar No. 177906)
225 S. Lake Avenue, Suite 300
Pasadena, California 91101
Telephone: [phone]
[e-mail]

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

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/s/ Wm. Paul Lawrence, II
(as authorized on 12/28/2018)
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]

Dated: December 31, 2018

MORGAN, LEWIS & BOCKIUS LLP
By

/s/ Tera M. Heintz
(as authorized on 12/28/2018)
Tera M. Heintz, State Bar No. 241414
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 MOTION FOR CLARIFICATION RE: SCHEDULING ORDER [ECF NO. 176];
ORDER (2:12-CV-1699 KJM EFB)

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PROPOSED ORDER
After reviewing the Parties’ joint motion seeking a clarification of the Court’s Order, ECF
No. 176, the Court grants the motion.
IT IS ORDERED that the Order, ECF No. 176, is amended, as follows:

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Event

Current Date

Amended Date

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Expert Discovery Completed

12/19/2019

2/19/2020

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Last Day to Hear Dispositive

4/10/2020 at 10:00 A.M. in

6/12/2020 at 10:00 A.M. in

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Motions

Courtoom No. 3.

Courtroom No. 3.

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All listed dates in the Order, ECF No. 176, other than for the two above events, remain the same.
IT IS SO ORDERED.
DATED: January 9, 2019.

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UNITED STATES DISTRICT JUDGE

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JOINT MOTION FOR CLARIFICATION RE: SCHEDULING ORDER [ECF NO. 176];
ORDER (2:12-CV-1699 KJM EFB)