Schmuckley et al v. Rite Aid Corporation

Filing 281

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/2020 ORDERING that the deadline for opposition to 275 Motion for Sanctions is EXTENDED to 2/12/2020, the deadline for reply to opposition is EXTENDED to 2/19/2020, and the hearing is MOVED to 2/26/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 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: Bernice.Yew@doj.ca.gov EMMANUEL R. SALAZAR, State Bar No. 240794 Deputy Attorney General E-mail: Emmanuel.Salazar@doj.ca.gov 2329 Gateway Oaks Drive, Suite 200 Sacramento, CA 95833-4252 Telephone: (916) 621-1835 Fax: (916) 274-2929 Attorneys for State of California (Additional counsel listed on signature page) 11 12 UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 UNITED STATES OF AMERICA, and the STATE OF CALIFORNIA, et al., ex rel. LLOYD F. SCHMUCKLEY, JR. Plaintiffs, 17 18 19 vs. Current Hearing Date: January 22, 2020 Proposed Hearing Date: February 26, 2020 Hearing Time: 10:00 a.m. Courtroom: 8, 13th Floor Defendant. 21 STATE OF CALIFORNIA ex rel. LLOYD F. SCHMUCKLEY, JR., 23 24 25 26 JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF NO. 275, AND EXTEND RELATED DEADLINES; [PROPOSED ORDER] RITE AID CORPORATION, 20 22 Case No.: 2:12-cv-1699 KJM EFB Plaintiffs, Vs. RITE AID CORPORATION, Defendant. 27 28 Case No.: 2:12-cv-1699 KJM EFB JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF NO. 275, AND EXTEND RELATED DEADLINES; PROPOSED ORDER 1 JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF 2 NO. 275, AND EXTEND RELATED DEADLINES 3 Plaintiff State of California (“California”), qui tam relator Loyd F. Schmuckley, Jr. 4 (“Relator”), and defendant Rite Aid Corporation (“Defendant,” and jointly with California and 5 Relator, the “Parties”) hereby move to reschedule the hearing of California’s Motion for 6 Sanctions for Failure to Comply with Court Order ECF No. 258 relating to Production of 7 Documents Responsive to Request for Production of Documents (“RPD”) Nos. 23-26 (Board 8 Meeting Agendas and Minutes, ECF No. 275 (“Motion”) from January 22, 2020 to February 26, 9 2020; move the deadline for Rite Aid to file its opposition to the Motion from January 15, 2020 to 10 February 12, 2020, and move the deadline for California to file its reply to the opposition to the 11 Motion from January 17, 2020 to February 19, 2020. This is to allow the Parties additional time 12 to analyze the latest status of Rite Aid’s discovery responses and document production and 13 informally resolve any pending and further discovery disputes. 14 On January 8, 2020, California filed its Motion against Rite Aid. Per Local Rules, Rite 15 Aid’s opposition to the Motion is due on January 15, 2020, California’s reply to the opposition is 16 due on January 17, 2020, and the hearing of the Motion is scheduled for January 22, 2020; 17 On January 10, 2020, Rite Aid produced additional documents and an additional privilege 18 log purportedly responsive to RPD Nos. 23-26. On January 10, 2020, Rite Aid produced 19 additional documents responsive to other RPD’s, including documents responsive to California’s 20 RPD Set No. 7, and Relator’s RPD Set Nos. 2-3. As a result of Rite Aid’s additional productions, 21 California and Relator need more time to analyze Rite Aid’s additional responses and documents; 22 The Parties agree for the purposes of efficiency and judicial economy that good cause 23 exists to move the hearing of California’s Motion and related filing dates to later dates to allow 24 the Parties additional time to informally resolve any pending and further discovery disputes. The 25 Parties therefore jointly move for an Order extending the deadline for Rite Aid to file its 26 opposition to the Motion to February 12, 2020, the deadline for California to file its reply to the 27 28 1 Case No.: 2:12-cv-1699 KJM EFB JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF NO. 275, AND EXTEND RELATED DEADLINES; PROPOSED ORDER 1 opposition to the Motion to February 19, 2020, and the hearing date of the Motion to February 26, 2 2020.1 Respectfully submitted, 3 4 Dated: 1/15/2020 XAVIER BECERRA Attorney General of the State of California 5 By /s/ Emmanuel R. Salazar Emmanuel R. Salazar Deputy Attorney General Attorneys for Plaintiff-Intervenor STATE OF CALIFORNIA 6 7 8 9 Dated: 1/15/2020 WATERS & KRAUS, LLP 10 By /s/ Wm. Paul Lawrence, II (authorized on 1/15/2020) Wm. Paul Lawrence, II (Pro hac vice) Washington D.C. Metro Office 37163 Mountville Road Middleburg, VA 20117 Telephone: (540) 687-6999 Fax: (540) 687-5457 E-mail: plawrence@waterskraus.com Attorneys for Qui Tam Plaintiff LOYD F. SCHMUCKLEY, JR. 11 12 13 14 15 16 17 18 Dated: 1/15/2020 MORGAN, LEWIS & BOCKIUS LLP By /s/ Kevin M. Papay (authorized on 1/15/2020) Kevin M. Papay One Market, Spear Street Tower San Francisco, CA 94105-1596 Telephone: +1.415.442.1000 Fax: +1.415.442.1001 E-mail: Kevin.Papay@morganlewis.com Attorneys for Defendant RITE AID CORPORATION 19 20 21 22 23 24 25 26 27 28 1 None of the Parties is waiving any defense, right or claim by filing this joint motion. 2 Case No.: 2:12-cv-1699 KJM EFB JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF NO. 275, AND EXTEND RELATED DEADLINES; PROPOSED ORDER 1 2 [PROPOSED] ORDER The Court, having considered the Parties’ Joint Motion to Reschedule Hearing of Motion 3 for Sanctions, ECF No. 275, and Extend Related Deadlines, finds good cause and ORDERS 4 THAT the deadline for Rite Aid Corporation to file its opposition to the Motion for Sanctions 5 (ECF No. 275) is extended to February 12, 2020, the deadline for the State of California to file its 6 reply to the opposition to the Motion for Sanctions (ECF No. 275) is extended to February 19, 7 2020, and the hearing date of the Motion for Sanctions (ECF No. 275) is moved to February 26, 8 2020, 10:00 A.M. in Courtroom 8. 9 10 IT IS SO ORDERED. DATED: January 16, 2020. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No.: 2:12-cv-1699 KJM EFB JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF NO. 275, AND EXTEND RELATED DEADLINES; PROPOSED ORDER

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