Schmuckley et al v. Rite Aid Corporation

Filing 339

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/2020 ORDERING the parties to exchange initial joint statements on California's 331 motion to compel re RPD Set No. 8 and Rite Aid's 328 motion to compel re: in terrogatories; Plaintiffs to provide Rite Aid with a separate initial joint statement regarding Plaintiffs' motion for an order re: ESI by 9/2/2020. No later than 5:00 PM on 9/8/2020 the parties are to exchange inserts on joint statements on Ri te Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, and Plaintiffs' motion for an order re: ESI. Rite Aid's opposition to California's motion for order to show cause and sanctions due by 9/9/2020. The last day for the parties to file joint statements on Rite Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, and Plaintiffs' motion for an order re: ESI is 9/9/2020. Plai ntiffs reply to Rite Aid's opposition to California's motion for order to show cause and sanctions is due 9/14/2020. The hearing of Rite Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, Plaintiffs' motion for an order re: ESI, andCalifornia's motion for an order to show cause and sanctions is set for 9/16/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)

1
2
3
4
5
6
7

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]

8
Attorneys for State of California
9
10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12
13
14

UNITED STATES OF AMERICA, et al., ex
rel. LOYD F. SCHMUCKLEY, JR.,

15
16

2:12-CV-1699 KJM EFB
JOINT STIPULATION REGARDING
BRIEFING AND HEARING SCHEDULE
OF CERTAIN DISCOVERY MOTIONS;
[PROPOSED] ORDER THEREON

Plaintiffs,
v.

17

Complaint Filed: June 26, 2012
Complaint-in-Intervention Filed: September
21, 2017

RITE AID CORPORATION,
18
Defendant.
19
20
21

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

22
23
24
25

v.
RITE AID CORPORATION,
Defendant.

26
27
28
1
JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE OF CERTAIN DISCOVERY MOTIONS; [PROPOSED]
ORDER THEREON (2:12-CV-1699 KJM EFB)

1
2

RECITALS
WHEREAS, on August 12, 2020, Defendant Rite Aid Corporation (“Rite Aid”) filed its

3

Motion to Compel Further Responses to Interrogatories, Nos. 3-5, 7-9, 13, originally set for

4

hearing on September 2, 2020.

5

WHEREAS, on August 18, 2020, Plaintiff-Intervenor State of California (“California”)

6

filed its Motion to Compel Further Responses and Production of Documents Responsive to

7

Requests for Production of Documents (“RPD”) Set No. 8, originally set for hearing on

8

September 9, 2020.

9

WHEREAS, on August 19, 2020, the Court moved the hearing regarding Rite Aid’s and

10

California’s Motions to Compel to September 9, 2020 and ordered the parties to file one joint

11

statement that addresses both motions no later than September 2, 2020.

12

WHEREAS, on August 19, 2020, California filed its Motion for Order to Show Cause and

13

Sanctions for Defendant Rite Aid Corporation’s Disobedience of the Court’s Order to Produce

14

Documents Responsive to Request for Production of Documents Nos. 1, 2, 15 and 16 (Records

15

Related to Sample Claim Prescriptions), set for hearing on September 9, 2020.

16

WHEREAS, California and Relator Loyd F. Schmuckley, Jr. (together, “Plaintiffs”) intend

17

to file jointly by August 26, 2020, a motion for an order regarding electronically stored

18

information and communications (“ESI”), hearing thereof will be set for September 16, 2020.

19
20

WHEREAS, the parties recognize the need to have the discovery motions be heard in one
hearing and the need for judicial economy.

21
22
23
24

STIPULATION
The parties stipulate and agree, therefore, to the following briefing and hearing schedule:
Date
9/2/2020

25
26
27
28

Event
Parties to exchange initial joint statements on California’s motion to compel re
RPD Set No. 8 and Rite Aid’s motion to compel re: interrogatories; Plaintiffs to
provide Rite Aid with a separate initial joint statement regarding Plaintiffs’
motion for an order re: ESI.1

1

Because the motion re: ESI will cover many of Plaintiffs’ document requests and involve issues
that are applicable only to ESI, the parties believe it will serve the parties and the Court to have a joint
statement re: ESI issues separate from other pending discovery disputes.

2
JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE OF CERTAIN DISCOVERY MOTIONS; [PROPOSED]
ORDER THEREON (2:12-CV-1699 KJM EFB)

1

3

No later than
5 p.m. on
9/8/2020
9/9/2020

4

9/9/2020

2

5
6

9/14/2020

7

9/16/2020,
10:00 a.m.

8
9

Parties to exchange inserts on joint statements on Rite Aid’s motion to compel
re: interrogatories, California’s motion to compel re: RPD Set No. 8, and
Plaintiffs’ motion for an order re: ESI.
Last day for Rite Aid to file opposition to California’s motion for order to show
cause and sanctions.
Last day for the parties to file joint statements on Rite Aid’s motion to compel
re: interrogatories, California’s motion to compel re: RPD Set No. 8, and
Plaintiffs’ motion for an order re: ESI.
Last day for Plaintiffs to file reply to Rite Aid’s opposition to California’s motion
for order to show cause and sanctions.
Hearing of Rite Aid’s motion to compel re: interrogatories, California’s motion
to compel re: RPD Set No. 8, Plaintiffs’ motion for an order re: ESI, and
California’s motion for an order to show cause and sanctions.

It is so stipulated.

10
11

Respectfully submitted,
Dated: 8/24/2020

12
13

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

14
15
16

Dated: 8/24/2020

17

19
20
21
22

24
25
26
27
28

WATERS & KRAUS, LLP
By /s/ Wm. Paul Lawrence (authorized on 8/24/2020)
Wm. Paul Lawrence, II (Pro hac vice)
Washington D.C. Metro Office
37163 Mountville Road
Middleburg, VA 20117
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

18

23

XAVIER BECERRA
Attorney General of the State of California

Dated: 8/25/2020

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Kevin M. Papay (authorized on 8/25/2020)
Kevin M. Papay
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Defendant
RITE AID CORPORATION
3

JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE OF CERTAIN DISCOVERY MOTIONS; [PROPOSED]
ORDER THEREON (2:12-CV-1699 KJM EFB)

1

[PROPOSED] ORDER

2

Finding good cause, IT IS ORDERED THAT the above stipulation is approved.

3

THEREFORE, IT IS ORDERED THAT the parties follow the agreed upon briefing and

4
5
6

hearing schedule, as follows:
Date
9/2/2020

7
8

10

No later than
5 p.m. on
9/8/2020
9/9/2020

11

9/9/2020

9

12
13

9/14/2020

14

9/16/2020,
10:00 a.m.

15
16

Event
Parties to exchange initial joint statements on California’s motion to compel re
RPD Set No. 8 and Rite Aid’s motion to compel re: interrogatories; Plaintiffs to
provide Rite Aid with a separate initial joint statement regarding Plaintiffs’
motion for an order re: ESI.
Parties to exchange inserts on joint statements on Rite Aid’s motion to compel
re: interrogatories, California’s motion to compel re: RPD Set No. 8, and
Plaintiffs’ motion for an order re: ESI.
Last day for Rite Aid to file opposition to California’s motion for order to show
cause and sanctions.
Last day for the parties to file joint statements on Rite Aid’s motion to compel
re: interrogatories, California’s motion to compel re: RPD Set No. 8, and
Plaintiffs’ motion for an order re: ESI.
Last day for Plaintiffs to file reply to Rite Aid’s opposition to California’s motion
for order to show cause and sanctions.
Hearing of Rite Aid’s motion to compel re: interrogatories, California’s motion
to compel re: RPD Set No. 8, Plaintiffs’ motion for an order re: ESI, and
California’s motion for an order to show cause and sanctions.

IT IS SO ORDERED.

17
18
19

DATED: August 26, 2020.

______________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
4
JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE OF CERTAIN DISCOVERY MOTIONS; [PROPOSED]
ORDER THEREON (2:12-CV-1699 KJM EFB)

1
2

PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this action. My business address is: 2329 Gateway
Oaks Drive, Suite 200, Sacramento, CA 95833.

3
A true and correct copy of the foregoing document entitled (specify):
4
5

JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE OF
CERTAIN DISCOVERY MOTIONS; [PROPOSED] ORDER THEREON

6

was served in the manner stated below:

7

SERVED BY CM/ECF SERVICE: Pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Local Rule 135,
on 8/26/2020, I served the following persons and/or entities by the Court’s CM/ECF service:

8
9
10
11
12
13
14

Eric W. Sitarchuk
Kelly A. Moore
Benjamin P. Smith
Kevin Papay
Morgan, Lewis & Bockius, LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Catherine J. Swann
United States Attorney’s Office
501 I Street, Suite 10-100
Sacramento, CA 95814

15
16
17
18
19
20
21
22

Michael L. Armitage
Wm. Paul Lawrence
Charles S. Segal
c/o Waters & Kraus
3141 Hood Street, Suite 700
Dallas, TX 75219
Jennifer L. Bartlett
Brian P. Barrow
Bartlett Barrow LLP
225 S. Lake Avenue, Suite 300
Pasadena, CA 91101
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.

23
24

8/26/2020

Sharon Brecht

25

Date

Printed Name

/s/ Sharon Brecht
Signature

26
27
28
7
JOINT STIPULATION REGARDING NAMING ADDITIONAL DEFENDANTS AND ADDING A CAUSE OF ACTION; [PROPOSED]
ORDER THEREON (2:12-CV-1699 KJM EFB)