Schmuckley et al v. Rite Aid Corporation

Filing 365

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/16/2020 GRANTING 328 Motion to Compel as follows: By 10/19/2020, California shall provide Rite Aid a list specifically identifying each of the prescription records for the approximately 65 p ercent of sample claims that are illegible or difficult to read; By 11/16/2020, Rite Aid shall produce the prescription records for each of the sample claims identified on California's list; and By 12/31/2020, California shall provide supplement al responses to Rite Aid's Interrogatories 3-5, 7-9, and 13. 331 Motion to Compel is GRANTED. By 11/16/2020, Rite Aid shall produce all documents responsive to RPD Nos. 69, 72, 75, 84, 88, and 121-123, subject to California's qualification. 340 Motion to Compel is DENIED as MOOT. 333 Motion for Sanctions is DENIED. (Huang, H)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

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

12
13
14

ORDER
v.
RITE AID CORPORATION,
Defendant.

15
16
17

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

18
19
20
21

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

v.
RITE AID CORPORATION,
Defendant.

22
23

This case was before the court on October 14, 2020, for hearing on four discovery related

24

motions: (1) defendant Rite Aid’s motion to compel plaintiff-intervenor State of California to

25

provide further responses to interrogatories (ECF No. 328); (2) California’s motion to compel

26

Rite Aid to provide further responses to its Requests for Production of Documents, Set 8 (ECF

27

No. 331); (3) California’s motion for sanctions against Rite Aid (ECF No. 333); and (4) plaintiffs’

28
1

1

motion to compel production of electronically stored information (ECF No. 340). California

2

Deputy Attorneys General Emmanuel Salazar, Bernice Yew, and Vincent DiCarolo appeared on

3

behalf of California. Attorney Jennifer Bartlett appeared on behalf of the relator, and attorneys

4

Benjamin Smith, Kevin Papay, and Ryan McCarthy appeared on behalf of Rite Aid.

5

For the reasons stated on the record, it is hereby ORDERED that:

6

1. Rite Aid’s motion to compel California to provide further responses to interrogatories

7
8
9
10
11

(ECF No. 328) is granted as follows:
a. By October 19, 2020, California shall provide Rite Aid a list specifically
identifying each of the prescription records for the approximately 65 percent of sample claims
that are illegible or difficult to read.
b. On or before November 16, 2020, Rite Aid shall produce the prescription

12

records, in the format providing the best available clarity, for each of the sample claims identified

13

on California’s list.

14
15

c. By no later than December 31, 2020, California shall provide supplemental
responses to Rite Aid’s Interrogatories 3-5, 7-9, and 13.

16

2. California’s motion to compel Rite Aid to produce further responses to its Request for

17

Production of Documents, Set 8 (ECF No. 331) is granted. By no later than November 16, 2020,

18

Rite Aid shall produce all documents responsive to RPD Nos. 69, 72, 75, 84, 88, and 121-123,

19

subject to California’s qualification that RPD Nos. 69, 72, 75, 84 seek only documents that

20

“actually discuss, reflect, or documents” delegations or authorizations.

21
22
23
24

3. Plaintiffs’ motion to compel the production of electronically stored information (ECF
No. 340) is denied as moot.
4. California’s motion for sanctions (ECF No. 333) is denied.
DATED: October 16, 2020.

25
26
27
28
2