Schmuckley et al v. Rite Aid Corporation

Filing 455

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/12/22 AMENDING Scheduling Order as follows: Close of Fact Discovery: 09/02/22; Expert Disclosures (other than sampling methodology/design): 11/04/22; Rebuttal expert disclosures (other than sampling methodology/design: 12/02/22; Expert discovery completed: 01/13/23; Last day to hear dispositive motion: 07/14/23. (Benson, 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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JOINT STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

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

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

Defendants.
STATE OF CALIFORNIA ex rel. LLOYD F.
SCHMUCKLEY, JR.,
Plaintiffs,
Vs.
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.
Defendants.
Case No.: 2:12-cv-1699 KJM JDP
JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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RECITALS
WHEREAS, Plaintiff State of California (“California”) has issued a 30(b)(6) deposition

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notice on Defendants Rite Aid Corporation, Rite Aid Hdqtrs. Corp., and Thrifty Payless, Inc.

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(together, “Defendants”) and has expressed its intent to depose around 13 corporate fact

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witnesses;

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WHEREAS, Defendants assert that at least 3 persons would testify on behalf of
Defendants regarding the listed subject matters in California’s 30(b)(6) deposition notice;
WHEREAS, the parties at the time of this filing have conducted at least 2 depositions of
Defendants’ corporate fact witnesses;
WHEREAS, the parties have met and conferred and need to resolve Defendants’ privilege

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assertions regarding certain documents that involved several of Defendants’ corporate fact

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witnesses and 30(b)(6) witnesses;

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WHEREAS, California moved for in camera review of said documents and on May 5,

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2022, the Court granted California’s motion and ordered Defendants to produce said documents

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in camera on May 12, 2022 with supporting declarations and California to file a response to the

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declarations on May 19, 2022;

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WHEREAS, for efficiency with respect to the corporate fact witnesses involved with said

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documents, the parties believe that depositions of these corporate fact witnesses should be

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conducted after the Court has resolved the disputes concerning Defendants’ asserted privileges,

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i.e., whether to find said documents privileged or order Defendants to produce said documents;

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WHEREAS, Defendants have issued a deposition subpoena on the Department of Health
Care Services;
WHEREAS, the Department of Health Care Services identified at least 8 persons who
would testify regarding the subject matters in Defendants’ deposition subpoena;
WHEREAS, the parties and the Department of Health Care Services are continuing to
meet and confer regarding pending discovery;
WHEREAS, Defendants have issued a 30(b)(6) deposition notice on the Division of
Medi-Cal Fraud and Elder Abuse (“DMFEA”);
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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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WHEREAS, California has objected to Defendants’ 30(b)(6) deposition notice on

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DMFEA and the parties are continuing to meet and confer regarding California’s objections; and

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

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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 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

Dated: May 12, 2022

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December 2, 2022

October 14, 2022
April 21, 2023

January 13, 2023
July 21, 2023

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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September 2, 2022

Respectfully submitted,

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Proposed Modified Date
September 2, 2022
November 4, 2022

IT IS SO STIPULATED.

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Current Deadline
June 3, 2022
August 5, 2022

Dated: May 12, 2022

BARTLETT BARROW LLP
By /s/ Jennifer L. Bartlett (authorized on 5/12/2022)
Jennifer L. Bartlett
[e-mail]
Bartlett Barrow LLP
225 S. Lake Avenue, Suite 300
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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Pasadena, CA 91101
Telephone: [phone]-mail:
[e-mail]
Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

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Dated: May 12, 2022

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Kevin M. Papay (authorized on 5/12/2022)
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 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
June 3, 2022
August 5, 2022

Proposed Modified Date
September 2, 2022
November 4, 2022

September 2, 2022

December 2, 2022

October 14, 2022
April 21, 2023

January 13, 2023
July 14, 2023

IT IS SO ORDERED.

DATED: May 19, 2022.

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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