Schmuckley et al v. Rite Aid Corporation

Filing 193

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/11/2019 MODIFYING the Last Day to Depose Defendant's Sampling Methodology and Statistical Expert to 4/10/2019; Defendant's Motion Challenging Plaintiffs' Samplin g Methodology and Design to 4/15/2019; Plaintiffs' Opposition Brief to 5/15/2019; Defendant's Reply Brief to 6/5/2019. The court also resets the 6/14/2019 Hearing on Motion date to 6/28/2019, at 10:00 A.M., due to adjustments in Judge Mueller's calendar schedule. (Zignago, K.)

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MORGAN, LEWIS & BOCKIUS LLP
ERIC W. SITARCHUK, Admitted pro hac vice
[e-mail]
KELLY A. MOORE, Admitted pro hac vice
[e-mail]
BENJAMIN P. SMITH, Bar No. 197551
[e-mail]
MICHAEL Q. EAGAN, JR., Bar No. 275823
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]; Fax: [phone]

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Attorneys for Defendant
RITE AID CORPORATION

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[Additional counsel on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and the
STATE OF CALIFORNIA, et al., ex rel.
LOYD F. SCHMUCKLEY, JR.,
Plaintiffs,

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vs.

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JOINT STIPULATION AND ORDER
MODIFYING PHASE 1 BRIEFING
DEADLINES [ECF NO. 176]
Complaint Filed: September 21, 2017

RITE AID CORPORATION,
Defendant.

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Case No. 2:12-cv-01699-KJM-EFB

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

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Plaintiffs,
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vs.
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RITE AID CORPORATION,
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Defendant.
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

DB1/ 102178139.7

JT. STIPULATION AND ORDER MODIFYING
PHASE 1 BRIEFING DEADLINES
Case No. 2:12-CV-01699-KJM-EFB

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RECITALS

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WHEREAS, on December 12, 2018, the Court issued an order [ECF No. 176] (“Order”)

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modifying certain deadlines for Phase 1 and Phase 2 discovery in this matter, including the

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deadlines for briefing regarding Defendant Rite Aid Corporation’s (“Defendant”) Motion

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Challenging Plaintiffs’ Sampling Methodology and Design (“Motion”);

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WHEREAS, Defendant continues to seek documents and testimony it contends are

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relevant to its Motion, including from the United States Attorney’s Office for the Eastern District

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of California (“USAO”) and California’s Department of Health Care Services (“DHCS”);

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WHEREAS, pursuant to the Order, on February 15, 2019, Defendant served Report No. 1
of Dr. Roy J. Epstein, PhD, Defendant’s sampling expert;

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WHEREAS, pursuant to the Court’s prior Order, Dr. Epstein’s deposition was ordered to
take place prior to March 29, 2019;

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WHEREAS, Dr. Epstein is now unavailable for deposition during the month of March

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2019 because he is currently running to be elected as a selectman in his home town of Belmont,

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Massachusetts, with the election being set for April 2, 2019;

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WHEREAS, in light of the above, plaintiff-in-intervention the State of California (“State”

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or “California”), qui tam plaintiff Loyd F. Schmuckley, Jr. (“Relator,” together with the State,

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“Plaintiffs”), and Defendant (together with the Plaintiffs, the “Parties”) have met and conferred,

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and intend to proceed with Dr. Epstein’s deposition on April 10, 2019 in Boston, Massachusetts;

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and

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WHEREAS, the Parties hereby agree that a two-week extension of the briefing deadlines

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for Defendant’s Motion set forth in the Order is warranted to alleviate the scheduling issues

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discussed above;

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The Parties hereby stipulate and agree as follows:

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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DB1/ 102178139.7

JT. STIPULATION AND ORDER MODIFYING
PHASE 1 BRIEFING DEADLINES
Case No. 2:12-CV-01699-KJM-EFB

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STIPULATION

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The Parties stipulate and request that the Court order the following modifications to its
December 12, 2018 Order:

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Event

Current Date
[ECF No. 176]

Proposed Modified Date

Defendant’s Disclosure of
Sampling Methodology Expert
Report and Materials

2/15/2019

2/15/2019

Last Day to Depose Defendant’s
Sampling Methodology and
Statistical Expert

3/29/2019

4/10/2019

Defendant’s Motion Challenging
Plaintiffs’ Sampling Methodology
and Design

4/1/2019

4/15/2019

Plaintiffs’ Opposition Brief

5/1/2019

5/15/2019

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Defendant’s Reply Brief

5/22/2019

6/5/2019

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Hearing on Motion

6/14/2019 at 10:00 A.M.
in Courtroom No. 3

6/14/2019 at 10:00 A.M.
in Courtroom No. 3

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[Unchanged]

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[Unchanged1]

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First Phase of Discovery
Completed

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6/26/2019

6/26/2019
[Unchanged]

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Respectfully Submitted,
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Dated: March 6, 2019

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XAVIER BECERRA
California Attorney General
/s/ Emmanuel R. Salazar as authorized on 3/6/2019
EMMANUEL R. SALAZAR
Deputy Attorney General
Attorneys for the State of California

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

The Parties do not propose modification of the hearing date at this time. However, if the Court
feels it may need more time to review and analyze the Parties’ respective briefing following the
filing of Defendant’s reply, the Parties are amenable to the Court’s moving this hearing to a more
convenient date.
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DB1/ 102178139.7

JT. STIPULATION AND ORDER MODIFYING
PHASE 1 BRIEFING DEADLINES
Case No. 2:12-CV-01699-KJM-EFB

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Dated: March 6, 2019

/s/ Wm. Paul Lawrence II as authorized on 3/6/2019
WM. PAUL LAWRENCE II
Attorneys for Loyd F. Schmuckley, Jr.

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WATERS & KRAUS LLP

Dated: March 6, 2019

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MORGAN, LEWIS & BOCKIUS, LLP
/s/ Michael Q. Eagan, Jr.
BENJAMIN P. SMITH
MICHAEL Q. EAGAN, JR.
Attorneys for Rite Aid Corporation

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ORDER

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The above having been stipulated by the Parties, and the Court finding good cause

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therefor,
IT IS SO ORDERED that the dates outlined in the Court’s December 12, 2018 Order

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[ECF No. 176] are hereby modified as proposed and set forth in the Stipulation above. The court

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also resets the June 14, 2019 Hearing on Motion date to June 28, 2019, at 10:00 A.M., due to

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adjustments in Judge Mueller’s calendar schedule.

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DATED: March 11, 2019.

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UNITED STATES DISTRICT JUDGE

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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DB1/ 102178139.7

JT. STIPULATION AND ORDER MODIFYING
PHASE 1 BRIEFING DEADLINES
Case No. 2:12-CV-01699-KJM-EFB