Schmuckley et al v. Rite Aid Corporation

Filing 378

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/9/20 GRANTING 377 Motion for Extension of time. AMENDING ORDER 376 as follows: Rite Aid shall produce all documents responsive to California RPD Nos. 69, 72, 75, 84, 88, and 121-123, subject to California's qualification that RPD Nos. 69, 72, 75, 84 seek only documents that "actually discuss, reflect, or documents" delegations or authorizations by 12/31/2020. (Kaminski, H)

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MORGAN, LEWIS & BOCKIUS LLP
ERIC W. SITARCHUK, Admitted pro hac vice
[e-mail]
KELLY A. MOORE, Admitted pro hac vice
[e-mail]
BENJAMIN P. SMITH, Bar No. 197551
[e-mail]
KEVIN M. PAPAY, Bar No. 274161
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
RITE AID CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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vs.

Case No. 2:12-cv-01699-KJM-EFB
JOINT MOTION TO AMEND
DEADLINES RE: RITE AID
CORPORATION’S PRODUCTION OF
DOCUMENTS RESPONSIVE TO
CALIFORNIA RPD NOS. 69, 72, 75, 84, 88,
AND 121-123

RITE AID CORPORATION,
[ECF NOS. 365, 376]
Defendant.

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

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vs.
RITE AID CORPORATION,
Defendant.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT MOT. TO AMEND
DEADLINES RE: ECF NO. 376
Case No. 2:12-cv-01699-KJM-EFB

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Plaintiff-Intervenor State of California (“California”) and Defendant Rite Aid Corporation

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(“Rite Aid”) (together, the “Parties”) jointly move for an order amending the deadline for Rite

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Aid to comply with the part of the Court’s November 13, 2020 order (ECF No. 376) requiring

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Rite Aid to produce all documents responsive to California’s Request for Production (“RPD”)

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Nos. 69, 72, 75, 84, 88, and 121-123 by December 7, 2020. The parties request that the foregoing

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deadline be extended to December 31, 2020.

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On November 9, 2020, the Parties jointly moved for a three-week extension to the original

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deadline for Rite Aid to produce the above-referenced documents. ECF No. 375 (requesting an

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extension of deadlines set in ECF No. 365). That request was based on an unanticipated power

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outage at Rite Aid’s corporate headquarters, which impeded the search for and collection of hard-

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copy documents maintained at Rite Aid’s corporate headquarters that may be responsive to the

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above-referenced document requests. See ECF No. 375. The Court granted that motion and set

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December 7, 2020 as the new deadline for Rite Aid to produce responsive documents. ECF No.

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376.

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The present motion is made on the following grounds. At the time of the Parties’

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November 9, 2020 motion, Rite Aid believed that the power outage at its corporate headquarters

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would be resolved with sufficient time to locate, collect, review, and produce any responsive

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documents covered by the Court’s order by December 7, 2020. See accompanying Declaration of

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Ron S. Chima ¶¶ 4-5. Subsequent efforts to locate and collect these documents, however, have

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been unsuccessful due to the continuing power outage. Id. ¶ 6. To date, power at Rite Aid’s

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corporate headquarters still has not been restored. Id. ¶ 7. Efforts to restore power are ongoing,

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and power is expected to be fully restored on or about December 11, 2020. Id. ¶ 8. Rite Aid

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believes that if power is restored on or shortly after December 11, 2020, it will be able to

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complete to search, collection, review, and production of documents responsive to RPD Nos. 69,

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72, 75, 84, 88, and 121-123 by December 31, 2020.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT MOT. TO AMEND
DEADLINES RE: ECF NO. 376
Case No. 2:12-cv-01699-KJM-EFB

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Therefore, Rite Aid moves to amend the court order, ECF No. 365, as follows:
Event
Rite Aid shall produce all
documents responsive to California
RPD Nos. 69, 72, 75, 84, 88, and
121-123, subject to California’s
qualification that RPD Nos. 69, 72,
75, 84 seek only documents that
“actually discuss, reflect, or
documents” delegations or
authorizations.

Current Deadline
(ECF No. 376)
December 7, 2020

Amended Deadline
December 31, 2020

Relying, in good faith, on Rite Aid’s representations and accompanying declaration,
California joins the motion.

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Respectfully Submitted,
Dated: December 3, 2020

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XAVIER BECERRA
Attorney General of the State of California
/s/ Emmanuel R. Salazar (as authorized on 12/3/20)
___________________________________
Emmanuel R. Salazar
Deputy Attorney General
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4252
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff-Intervenor
STATE OF CALIFORNIA

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Dated: December 3, 2020

MORGAN, LEWIS & BOCKIUS LLP
/s/ Kevin M. Papay
___________________________________
Kevin M. Papay
Attorneys for Defendant
RITE AID CORPORATION

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT MOT. TO AMEND
DEADLINES RE: ECF NO. 376
Case No. 2:12-cv-01699-KJM-EFB

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[PROPOSED] ORDER

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Upon consideration of Plaintiff-Intervenor State of California (“California”) and

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Defendant Rite Aid Corporation’s (“Rite Aid”) Joint Motion To Amend Deadlines Re: Rite Aid

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Production of Documents Responsive to California’s RPD Nos. 69, 72, 75, 84, 88, and 121-123,

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and finding good cause, IT IS ORDERED that ECF No. 376 is amended as follows:

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Event

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Rite Aid shall produce all
documents responsive to California
RPD Nos. 69, 72, 75, 84, 88, and
121-123, subject to California’s
qualification that RPD Nos. 69, 72,
75, 84 seek only documents that
“actually discuss, reflect, or
documents” delegations or
authorizations.

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Current Deadline
(ECF No. 376)
December 7, 2020

Amended Deadline

IT IS SO ORDERED.

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December 31, 2020

Dated: December 9, 2020.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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[PROPOSED] ORDER
Case No. 2:12-cv-01699-KJM-EFB