Schmuckley et al v. Rite Aid Corporation

Filing 433

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 1/13/22 ORDERING that the parties shall attend the mediation on 2/8/22 and any other additional day as needed. The scheduling order is amended as follows: Close of Fact Discovery: 6/3/22; Expert Disclosures: 8/5/22; Rebuttal expert disclosures: 9/2/22; Expert discovery completed: 10/14/22; Last day to hear dispositive motion: 4/21/23. (Kastilahn, A)

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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,

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

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JOINT STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

vs.

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

Vs.
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.
Defendants.

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Case No.: 2:12-cv-1699 KJM JDP
JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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RECITALS

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WHEREAS, the parties agreed to enter into mediation which was originally scheduled for
December 21, 2021 before Barbara Reeves of JAMS;

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WHEREAS, on November 18, 2021, the Court approved the parties’ stipulation to enter
into mediation (ECF No. 429);

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WHEREAS, the parties mutually agreed to move the mediation date to January 5, 2021;

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WHEREAS, the parties agreed that Plaintiff State of California (“California”) would

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provide certain additional information regarding the nature and scope of its claimed damages to

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Rite Aid Corporation, Rite Aid Hdqtrs. Corp., and Thrifty Payless, Inc. (“Defendants”) to

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facilitate the mediation, which California provided on December 23, 2021;

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WHEREAS, due to unforeseen personal circumstances, Defendants’ statistical expert

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became unavailable to analyze the above-referenced materials provided by California and prepare

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for the January 5, 2021 mediation;

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WHEREAS, pursuant to the October 29, 2021 stipulated order entered in this action (ECF

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No. 427), Defendants identified additional pharmacy associates on December 15, 2021 whom

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Defendants may potentially call as witnesses in this matter and whom Plaintiff State of California

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(“California”) intends to depose;

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WHEREAS, the parties have continued to schedule and conduct depositions of current
and former pharmacy associates on a rolling basis;

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WHEREAS, California intends to depose approximately 16 additional current and former
pharmacy associates;

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WHEREAS, California has issued a 30(b)(6) deposition notice on Defendants and has
expressed its intent to depose around 13 corporate fact witnesses;

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WHEREAS, Defendants have issued a deposition subpoena on the Department of Health

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Care Services and a 30(b)(6) deposition notice on the Division of Medi-Cal Fraud and Elder

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Abuse;

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WHEREAS, Defendants expect that at least 2 persons would testify on behalf of
Defendants regarding the listed subject matters in California’s 30(b)(6) deposition notice;
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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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WHEREAS, the Department of Health Care Services identified at least 8 persons who
would testify regarding the subject matters in Defendants’ deposition subpoena;

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WHEREAS, the parties and the Department of Health Care Services are continuing to
meet and confer regarding pending discovery;

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WHEREAS, the parties recognize the remaining time and pending discovery tasks in
order to comply with the current scheduling order; and

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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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STIPULATION

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THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THEREFORE
HEREBY STIPULATE AND AGREE TO THE FOLLOWING:

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The parties agree to conduct the mediation on February 8, 2022 and any other additional
day as needed, if the parties in good faith believe resolution is still possible.

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The parties agree that other than the mediation date, the provisions in ECF No. 429 apply;

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The parties agree to amend the scheduling order as follows:

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Event
Close of Fact Discovery
Expert Disclosures (other
than sampling
methodology/design)
Rebuttal expert disclosures
(other than sampling
methodology/design)
Expert discovery completed
Last day to hear dispositive
motion

Current Deadline
March 4, 2022
May 6, 2022

Proposed Modified Date
June 3, 2022
August 5, 2022

June 10, 2022

September 2, 2022

July 15, 2022
January 13, 2023

October 14, 2022
April 14, 2023

IT IS SO STIPULATED.
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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Respectfully submitted,
Dated: January 5, 2022

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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: January 5, 2022
WATERS & KRAUS, LLP

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By /s/ Jennifer L. Bartlett (authorized on 1/5/22)
Jennifer L. Bartlett
[e-mail]
Bartlett Barrow LLP
225 S. Lake Avenue, Suite 300
Pasadena, CA 91101
Telephone: [phone]
E-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: January 5, 2022

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Kevin M. Papay (authorized on 1/5/22)
Benjamin P. Smith
Kevin M. Papay
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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ORDER
The Court, having considered the Joint Stipulation to Amend Scheduling Order, finds

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good cause and ORDERS THAT the Joint Stipulation to Amend Scheduling Order is approved

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and FURTHER ORDERS THAT

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1.

The parties shall attend the mediation on February 8, 2022 and any other

additional day as needed.

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2.

Other than the mediation date the provisions in ECF No. 429 continue to apply.

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3.

The scheduling order is amended as follows:

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Event
Close of Fact Discovery
Expert Disclosures (other
than sampling
methodology/design)
Rebuttal expert disclosures
(other than sampling
methodology/design)
Expert discovery completed
Last day to hear dispositive
motion

Current Deadline
March 4, 2022
May 6, 2022

Proposed Modified Date
June 3, 2022
August 5, 2022

June 10, 2022

September 2, 2022

July 15, 2022
January 13, 2023

October 14, 2022
April 21, 2023

IT IS SO ORDERED.
DATED: January 13, 2022.

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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