Schmuckley et al v. Rite Aid Corporation

Filing 239

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/5/2019 AMENDING the 176 and 184 as follows: Discovery to be completed by 2/21/2020; Expert Disclosures due by 4/10/2020; Rebuttal Expert Disclosures due by 5/22/2020; Expert Discovery completed by 6/26/2020; Last day to hear Dispositive Motions is 10/23/2020. (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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(Additional counsel listed on signature page)
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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 TO AMEND
SCHEDULING ORDER; 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 TO AMEND SCHEDULING ORDER; ORDER (2:12-CV-1699 KJM EFB)

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JOINT MOTION TO AMEND SCHEDULING ORDER
Plaintiff-Intervenor State of California (“California”), Relator Loyd F. Schmuckley, Jr.,

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and Defendant Rite Aid Corporation1 (“Rite Aid”) (collectively, “the Parties”) jointly hereby

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move the Court for an order amending the currently effective scheduling order.

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On May 29, 2018, the Court adopted phased discovery in this matter. ECF No. 128. The

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first phase of discovery would address, among other things, relevant here, “all of Rite Aid’s

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prescription records and all relevant third-party medical records concerning the statistical sample

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of 1,904 claims.” Id. at 5. The second phase of discovery would address all remaining discovery,

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including depositions of the Parties 30(b)6) witnesses. Per the current effective scheduling

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orders, the first phase of discovery was to be completed by June 26, 2019, and the second phase

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of discovery would be completed by October 23, 2019. ECF No. 176.

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On July 2, 2019, upon hearing, the Magistrate Judge granted California’s motion to

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compel regarding Rite Aid’s prescription records and ordered Rite Aid to produce all responsive

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documents, including copies of scanned prescriptions, hard copy prescriptions, and “patient

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medication profiles” related to the 1,904 sample claims, no later than October 23, 2019. ECF No.

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225 at 2. The Magistrate Judge also granted California’s motion to compel relating to

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California’s Requests for Production of Documents Nos. 15 and 16 and ordered Rite Aid to

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produce all responsive documents as soon as practical, with all documents produced no later than

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October 23, 2019.2 Id.

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Given the Court’s July 2, 2019 order, and the Parties’ anticipation of considerable

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discovery necessary during Phase 2 of this matter, the Parties have met and conferred regarding

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modifications of current Phase 2 deadlines in this matter. To allow Rite Aid sufficient time to

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produce responsive records by October 23, 2019, and to also allow Plaintiffs sufficient time to

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review all responsive records before proceeding with depositions of Rite Aid’s 30(b)(6)

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witnesses, a subject that falls within the second phase of discovery, the Parties have mutually

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agreed to extend case deadlines as set forth below.

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Rite Aid contends that it is an improper defendant to this action. See ECF Nos. 188, 227.
The Magistrate Judge denied California’s motion for evidentiary sanctions. Id.
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JOINT MOTION TO AMEND SCHEDULING ORDER; ORDER (2:12-CV-1699 KJM EFB)

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The Parties, therefore, jointly move the Court to amend its prior scheduling orders, ECF

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Nos. 176 and 184, as follows:

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Event
Second Phase of Discovery
Completed3
Expert Disclosures (other
than sampling
methodology/design)
Rebuttal expert disclosures
(other than sampling
methodology/design)
Expert Discovery Completed
Last Day to Hear Dispositive
Motions

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Current Date
October 23, 2019

Requested Modified Date
February 21, 2020

November 22, 2019

April 10, 2020

January 20, 2020

May 22, 2020

February 19, 2020
June 12, 2020 at 10:00 A.M.
in Courtroom No. 3

June 26, 2020
October 23, 2020 at 10:00
A.M. in Courtroom No. 3

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Dated: 7/30/2019

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

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Dated: 7/30/2019

WATERS &KRAUS LLP
/s/ Wm. Paul Lawrence II (authorized on 7/30/2019)
WM. PAUL LAWRENCE II
Attorneys for Relator Loyd F. Schmuckley, Jr.

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Respectfully submitted,
XAVIER BECERRA
Attorney General of California

Dated: 7/29/2019

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MoRGAN, LEWIS & BOCKIUS, LLP
/s/ Michael Q. Eagan, Jr. (authorized on 7/29/2019)
BENJAMIN P. SMITH
MICHAEL Q. EAGAN, JR.
Attorneys for Defendant Rite Aid Corporation

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The Parties are continuing to meet and confer about discovery relating to pharmacy
associates whose testimony Rite Aid may rely upon in this matter. The Parties will notify the
Court as soon as possible if the Parties consider it necessary to further amend the scheduling
order.
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JOINT MOTION TO AMEND SCHEDULING ORDER; ORDER (2:12-CV-1699 KJM EFB)

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ORDER
After reviewing the Parties’ joint motion to amend the scheduling order, the Court finds
good cause and grants the motion.
IT IS ORDERED that the scheduling orders, ECF Nos. 176 and 184, are amended as
follows:
Event
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
October 23, 2019

Requested Modified Date
February 21, 2020

November 22, 2019

April 10, 2020

January 20, 2020

May 22, 2020

February 19, 2020
June 12, 2020 at 10:00 A.M.
in Courtroom No. 3

June 26, 2020
October 23, 2020 at 10:00
A.M. in Courtroom No. 3

IT IS SO ORDERED.
DATED: August 5, 2019.

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UNITED STATES DISTRICT JUDGE

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JOINT MOTION TO AMEND SCHEDULING ORDER; ORDER (2:12-CV-1699 KJM EFB)