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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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]
Attorneys for State of California
(Additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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

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vs.

Current Hearing Date: January 22, 2020
Proposed Hearing Date: February 26,
2020
Hearing Time: 10:00 a.m.
Courtroom: 8, 13th Floor

Defendant.

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

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JOINT MOTION TO RESCHEDULE
HEARING OF MOTION FOR
SANCTIONS, ECF NO. 275, AND
EXTEND RELATED DEADLINES;
[PROPOSED ORDER]

RITE AID CORPORATION,

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Case No.: 2:12-cv-1699 KJM EFB

Plaintiffs,
Vs.
RITE AID CORPORATION,
Defendant.

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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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JOINT MOTION TO RESCHEDULE HEARING OF MOTION FOR SANCTIONS, ECF

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NO. 275, AND EXTEND RELATED DEADLINES

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Plaintiff State of California (“California”), qui tam relator Loyd F. Schmuckley, Jr.

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(“Relator”), and defendant Rite Aid Corporation (“Defendant,” and jointly with California and

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Relator, the “Parties”) hereby move to reschedule the hearing of California’s Motion for

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Sanctions for Failure to Comply with Court Order ECF No. 258 relating to Production of

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Documents Responsive to Request for Production of Documents (“RPD”) Nos. 23-26 (Board

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Meeting Agendas and Minutes, ECF No. 275 (“Motion”) from January 22, 2020 to February 26,

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2020; move the deadline for Rite Aid to file its opposition to the Motion from January 15, 2020 to

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February 12, 2020, and move the deadline for California to file its reply to the opposition to the

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Motion from January 17, 2020 to February 19, 2020. This is to allow the Parties additional time

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to analyze the latest status of Rite Aid’s discovery responses and document production and

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informally resolve any pending and further discovery disputes.

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On January 8, 2020, California filed its Motion against Rite Aid. Per Local Rules, Rite

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Aid’s opposition to the Motion is due on January 15, 2020, California’s reply to the opposition is

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due on January 17, 2020, and the hearing of the Motion is scheduled for January 22, 2020;

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On January 10, 2020, Rite Aid produced additional documents and an additional privilege

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log purportedly responsive to RPD Nos. 23-26. On January 10, 2020, Rite Aid produced

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additional documents responsive to other RPD’s, including documents responsive to California’s

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RPD Set No. 7, and Relator’s RPD Set Nos. 2-3. As a result of Rite Aid’s additional productions,

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California and Relator need more time to analyze Rite Aid’s additional responses and documents;

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The Parties agree for the purposes of efficiency and judicial economy that good cause

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exists to move the hearing of California’s Motion and related filing dates to later dates to allow

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the Parties additional time to informally resolve any pending and further discovery disputes. The

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Parties therefore jointly move for an Order extending the deadline for Rite Aid to file its

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opposition to the Motion to February 12, 2020, the deadline for California to file its reply to the

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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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opposition to the Motion to February 19, 2020, and the hearing date of the Motion to February 26,

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2020.1
Respectfully submitted,

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Dated: 1/15/2020

XAVIER BECERRA
Attorney General of the State of California

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By /s/ Emmanuel R. Salazar
Emmanuel R. Salazar
Deputy Attorney General
Attorneys for Plaintiff-Intervenor STATE OF
CALIFORNIA

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Dated: 1/15/2020
WATERS & KRAUS, LLP

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
RITE AID CORPORATION

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None of the Parties is waiving any defense, right or claim by filing this joint motion.
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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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[PROPOSED] ORDER
The Court, having considered the Parties’ Joint Motion to Reschedule Hearing of Motion

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for Sanctions, ECF No. 275, and Extend Related Deadlines, finds good cause and ORDERS

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THAT the deadline for Rite Aid Corporation to file its opposition to the Motion for Sanctions

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(ECF No. 275) is extended to February 12, 2020, the deadline for the State of California to file its

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reply to the opposition to the Motion for Sanctions (ECF No. 275) is extended to February 19,

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2020, and the hearing date of the Motion for Sanctions (ECF No. 275) is moved to February 26,

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2020, 10:00 A.M. in Courtroom 8.

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IT IS SO ORDERED.
DATED: January 16, 2020.

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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