Schmuckley et al v. Rite Aid Corporation

Filing 415

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/3/2021 ORDERING a further status conference is scheduled for 9/30/2021, 2:30 p.m. The parties to submit no later than 9/14/2021 a joint status report. (Zignago, K.)

Case 2:12-cv-01699-KJM-JDP Document 415 Filed 09/03/21 Page 1 of 4

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ROB BONTA
Attorney General of California
VINCENT DICARLO
Supervising Deputy Attorney General
BERNICE L. LOUIE YEW, State Bar No. 114601
Deputy Attorney General
Email: [e-mail]
EMMANUEL R. SALAZAR, State Bar No. 240794
Deputy Attorney General
E-mail: [e-mail]
KEVIN C. DAVIS, State Bar No. 253425
Deputy Attorney General
E-mail: [e-mail]
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4252
Telephone: [phone]
Fax: [phone]

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Attorneys for State of California

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(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. LOYD
F. SCHMUCKLEY, JR.
Plaintiffs,
vs.
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.

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Case No.: 2:12-cv-1699 KJM JDP
PLAINTIFFS’ REQUEST FOR
FURTHER STATUS CONFERENCE;
ORDER
Date: September 30, 2021
Time: 2:30 P.M.
Judge: Hon. Kimberly J. Mueller

Defendants.
STATE OF CALIFORNIA ex rel. LOYD F.
SCHMUCKLEY, JR.,
Plaintiffs,
Vs.
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.
Defendants.
Case No.: 2:12-cv-1699 KJM JDP
PLAINTIFFS’ REQUEST FOR FURTHER STATUS CONFERENCE; ORDER

Case 2:12-cv-01699-KJM-JDP Document 415 Filed 09/03/21 Page 2 of 4
TO THE COURT AND ALL PARTIES, PLEASE TAKE NOTICE THAT pursuant to

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Federal Rule of Civil Procedure 16 and Local Rule 240, Plaintiffs State of California

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(“California”) and Relator Loyd F. Schmuckley, Jr., request a further status conference to be held

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on September 30, 2021, 2:30 p.m., to brief the Court about and discuss the following:
1.

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the appropriateness and timing of summary adjudication under Fed. R. Civ. P. 56,

and other anticipated motions;
2.

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anticipated or outstanding discovery and the control and scheduling of discovery,

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and other orders affecting discovery, including the possibility of having to conduct depositions of

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more than 1,700 pharmacy associates;
3.

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restrictions on the use of testimony under Federal Rule of Evidence 702;
4.

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5.

6.

7.

Pursuant to Local Rule 240, the parties will submit a joint status report no later than
September 14, 2021.
The parties have been meeting and conferring on the above matters through video

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any other matters that may facilitate the just, speedy and inexpensive

determination of the action.

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the appropriateness of alternate dispute resolution, such as this District’s Voluntary

Dispute Resolution Program (VDRP), or any other alternative dispute resolution procedure; and

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the prospects for settlement and the use of special procedures to assist in resolving

the dispute;

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further proceedings, including setting dates for further conferences, for the

completion of motions and discovery and for pretrial and trial;

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the avoidance of unnecessary proof and of cumulative evidence, and limitations or

conferences, telephone conferences, and written correspondence.
The Court last held a status conference on March 23, 2018. Fact discovery will close on

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December 3, 2021. Given the above issues, Plaintiffs believe that providing the Court with the

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parties’ progress and pending concerns at this juncture would help the parties and the Court

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manage the case in preparation for dispositive motions and/or trial.

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PLAINTIFFS’ REQUEST FOR FURTHER STATUS CONFERENCE; ORDER

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

Case 2:12-cv-01699-KJM-JDP Document 415 Filed 09/03/21 Page 3 of 4
Respectfully submitted,

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Dated: August 26, 2021

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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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ROB BONTA
Attorney General of the State of California

Dated: August 26, 2021

WATERS & KRAUS, LLP
By /s/ Paul Lawrence (authorized on 8/25/2021)
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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PLAINTIFFS’ REQUEST FOR FURTHER STATUS CONFERENCE; ORDER

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

Case 2:12-cv-01699-KJM-JDP Document 415 Filed 09/03/21 Page 4 of 4

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ORDER
The Court, having considered Plaintiffs’ Request for Further Status Conference, ORDERS

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THAT a further status conference is scheduled for September 30, 2021, 2:30 p.m. The parties

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will submit no later than September 14, 2021 a joint status report to discuss the following:

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1.

the appropriateness and timing of summary adjudication under Fed. R. Civ. P. 56,

and other anticipated motions;
2.

anticipated or outstanding discovery and the control and scheduling of discovery,

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and other orders affecting discovery, including the possibility of having to conduct depositions of

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more than 1,700 pharmacy associates;

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3.

the avoidance of unnecessary proof and of cumulative evidence, and limitations or

restrictions on the use of testimony under Federal Rule of Evidence 702;
4.

further proceedings, including setting dates for further conferences, for the

completion of motions and discovery and for pretrial and trial;
5.

the prospects for settlement and the use of special procedures to assist in resolving

the dispute;
6.

the appropriateness of alternate dispute resolution, such as this District’s Voluntary

Dispute Resolution Program (VDRP), or any other alternative dispute resolution procedure; and
7.

any other matters that may facilitate the just, speedy and inexpensive

determination of the action.

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IT IS SO ORDERED.

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DATED: September 3, 2021

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PLAINTIFFS’ REQUEST FOR FURTHER STATUS CONFERENCE; ORDER

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