Schmuckley et al v. Rite Aid Corporation

Filing 436

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/1/22 CONTINUING the Status Conference to 3/10/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. A joint status report is DUE within 14 days prior to the continued date. (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,
vs.

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Defendants.
STATE OF CALIFORNIA ex rel. LLOYD F.
SCHMUCKLEY, JR.,
Plaintiffs,

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JOINT STIPULATION TO
CONTINUE THE DATE OF THE
FEBRUARY 10, 2022 STATUS
CONFERENCE; ORDER

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

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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 CONTINUE THE DATE OF THE FEBRUARY 10, 2022 STATUS CONFERENCE; [PROPOSED] ORDER

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RECITALS

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WHEREAS, the parties entering into this Stipulation are Plaintiff-in-Intervention State of

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California, Plaintiff Relator Lloyd F. Schmuckley Jr., and Defendants Rite Aid Corporation, Rite

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Aid Hdqtrs. Corp., and Thrifty Payless, Inc. (collectively, the “Parties”);

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WHEREAS, on September 30, 2021 the Court ordered the Parties to appear for a Status

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Conference on February 10, 2022 and to file a joint status report fourteen days prior to the Status

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Conference (ECF No. 422);

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WHEREAS, on January 14, 2022, per the Parties’ Stipulation (ECF No. 431), the Court
ordered the parties to attend a private mediation on February 8, 2022 (ECF No. 433);
WHEREAS, on January 14, 2022, per the Parties’ Stipulation (ECF No. 431), the Court

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amended the scheduling order and extended each of its dates by three months as follows: “Close

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of Fact Discovery: 6/3/22; Expert Disclosures: 8/5/22; Rebuttal expert disclosures: 9/2/22; Expert

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discovery completed: 10/14/22; Last day to hear dispositive motion: 4/21/23” (ECF No. 433);

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WHEREAS, the Parties now request a short continuance of the February 10, 2022 Status
Conference date and the corresponding deadline to file their joint status report;
WHEREAS, the Parties believe that this continuance will allow them to focus their efforts
and energy on having a productive mediation;
WHEREAS, on January 25, 2022, the Courtroom Deputy communicated to the Parties
that the Court is available for a Status Conference on March 10, 2022.

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

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1. The parties agree that the February 10, 2022 Status Conference (ECF No. 422) shall be

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moved to March 10, 2022 or, if that date is no longer available, then to the Court’s next available

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date thereafter;

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2. The Parties agree that they shall file a joint status report fourteen days prior to the Status
Conference;
IT IS SO STIPULATED.
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Case No.: 2:12-cv-1699 KJM JDP

JOINT STIPULATION TO CONTINUE THE DATE OF THE FEBRUARY 10, 2022 STATUS CONFERENCE; ORDER

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Respectfully submitted,
Dated: January 26, 2022

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ROB BONTA
Attorney General of the State of California
By /s/ Emmanuel R. Salazar
Emmanuel R. Salazar
Deputy Attorney General
Attorneys for Plaintiff-Intervenor STATE OF
CALIFORNIA

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Dated: January 26, 2022
WATERS & KRAUS, LLP

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By /s/ Jennifer L. Bartlett (authorized on 1/6/22)
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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Dated: January 26, 2022

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Kevin M. Papay (authorized on 1/6/22)
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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Case No.: 2:12-cv-1699 KJM JDP

JOINT STIPULATION TO CONTINUE THE DATE OF THE FEBRUARY 10, 2022 STATUS CONFERENCE; ORDER

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ORDER

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The court, having considered the Joint Stipulation to Continue the February 10, 2022

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Status Conference, finds good cause and ORDERS that the Joint Stipulation is approved and

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further ORDERS that the Status Conference set for February 10, 2022 is moved to March 10,

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2022 with a joint status report due fourteen days prior to the continued date.

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IT IS SO ORDERED.
DATED: February 1, 2022.

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

JOINT STIPULATION TO CONTINUE THE DATE OF THE FEBRUARY 10, 2022 STATUS CONFERENCE; ORDER