Schmuckley et al v. Rite Aid Corporation

Filing 429

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/8/2021 ORDERING that The parties shall attend the mediation on 12/21/2021 and any other additional days that the parties may agree upon. The parties shall apprise the Court as soon as practicable if the mediation leads to any resolution.(Mena-Sanchez, L)

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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. LLOYD
F. SCHMUCKLEY, JR.
Plaintiffs,

RITE AID CORPORATION, RITE AID
HDQTRS. CORP., and THRIFTY PAYLESS,
INC.
Defendants.
STATE OF CALIFORNIA ex rel. LLOYD F.
SCHMUCKLEY, JR.,

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JOINT STIPULATION AND ORDER
REGARDING MEDIATION; ORDER

vs.

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

Plaintiffs,
vs.
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., and THRIFTY PAYLESS,
INC.
Defendants.

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Case No.: 2:12-cv-1699 KJM JDP
JOINT STIPULATION RE: MEDIATION; ORDER

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RECITALS

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WHEREAS, the parties recognize the time and costs associated with litigation and the

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possibility of resolving the Government’s False Claims Act causes of action by way of private

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mediation;

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WHEREAS, the parties have met and conferred, and on October 25, 2021, the parties

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agreed to contract with Barbara Reeves (“Ms. Reeves”) of JAMS to conduct mediation in this

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matter;

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WHEREAS, the parties and Ms. Reeves have indicated their availability to conduct a
mediation of this matter December 21, 2021; and
WHEREAS, the parties are entering into this Stipulation in good faith.

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STIPULATION
THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THEREFORE
HEREBY STIPULATE AND AGREE TO THE FOLLOWING:
The parties agree to enter into mediation of this case before Ms. Reeves on December 21,
2021, or any other days that the parties may agree upon.
The parties agree that any party may use a statistical expert in connection with the

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mediation and as a disclosed expert in this matter. However, the parties agree that all work and

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communications, in any form whatsoever, by or with their respective statistical expert in

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connection with the mediation are not discoverable. The parties agree that all documents,

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communications, and other work, in any form whatsoever, by the party and the party’s statistical

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expert in connection with the mediation are confidential and will not be used by any party in any

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way other than in furtherance of the mediation or in connection with the enforcement of any

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settlement agreement that may result from it. The parties agree that, by use of a statistical expert

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in connection with mediation efforts, no party waives any privilege whatsoever in connection

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with any documents, communications, or other work, in any form whatsoever, by or with the

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party’s statistical expert.

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The parties agree that except as otherwise required by law or as stipulated in writing by all
parties, all communications made in connection with the mediation shall be privileged and
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JOINT STIPULATION RE: MEDIATION; ORDER

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

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confidential and will not be used other than in furtherance of the mediation or in connection with

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the enforcement of any settlement agreement that may result from it.

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The parties agree that Plaintiffs will pay 50% and Defendants will pay 50% of any and all
of the mediator’s fees including any case management fees.
The parties agree to apprise the Court as soon as practicable if the mediation leads to any
resolution.
IT IS SO STIPULATED.

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Respectfully submitted,
Dated: 11/4/2021

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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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Dated: 11/4/2021
WATERS & KRAUS, LLP

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By /s/ Jennifer L. Bartlett (authorized on 11/4/2021)
Jennifer L. Bartlett
[e-mail]
Bartlett Barrow LLP
225 S. Lake Avenue, Suite 300
Pasadena, CA 91101
Telephone: [phone]-mail:
[e-mail]
Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

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ROB BONTA
Attorney General of the State of California

Dated: 11/4/2021

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Benjamin P. Smith (authorized on 11/4/2021)
Benjamin P. Smith
Kevin M. Papay
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Defendants
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.
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JOINT STIPULATION RE: MEDIATION; ORDER

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

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ORDER
The Court, having considered the Joint Stipulation regarding Mediation, finds good cause
and ORDERS THAT the Joint Stipulation is approved and FURTHER ORDERS THAT
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The parties shall attend the mediation on December 21, 2021 and any other

additional days that the parties may agree upon.
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All work and communications, in any form whatsoever, by or with a party’s

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statistical expert in connection with the mediation are not discoverable. All documents,

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communications, and other work, in any form whatsoever, by the party and the party’s statistical

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expert in connection with the mediation are confidential and will not be used by any party in any

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way other than in furtherance of the mediation or in connection with the enforcement of any

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settlement agreement that may result from it. By use of a statistical expert in connection with

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mediation efforts, no party waives any privilege whatsoever in connection with any documents,

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communications, or other work, in any form whatsoever, by or with the party’s statistical expert.

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3.

Except as otherwise required by law or as stipulated in writing by all parties, all

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communications made in connection with the mediation shall be privileged and confidential and

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will not be used other than in furtherance of the mediation or in connection with the enforcement

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of any settlement agreement that may result from it.

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4.

Plaintiffs shall pay 50% and Defendants shall pay 50% of any and all of the

mediator’s fees including any case management fees.
5.

The parties shall apprise the Court as soon as practicable if the mediation leads to

any resolution.
IT IS SO ORDERED.
DATED: November 8, 2021.

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JOINT STIPULATION RE: MEDIATION; ORDER

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