Schmuckley et al v. Rite Aid Corporation

Filing 460

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/25/2022 AMENDING Scheduling Order as follows: Meet and Confer Hearing with the magistrate judge: No later than 10/7/2022; Close of Fact Discovery: 3/2/2023; Expert Disclosures (other than sampling methodology/design): 5/5/2023; Rebuttal expert disclosures (other than sampling methodology/design): 6/2/2023; Expert discovery completed: 7/7/2023; Last day to hear dispositive motion: 1/12/2024. (Perdue, C.)

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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
WHEREAS, Plaintiff State of California as represented in this action by the Division of

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Medi-Cal Fraud and Elder Abuse (“DMFEA”) has issued a 30(b)(6) deposition notice on

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Defendants Rite Aid Corporation, Rite Aid Hdqtrs. Corp., and Thrifty Payless, Inc. (together,

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“Defendants”) and has expressed its intent to depose around 13 corporate fact witnesses;

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WHEREAS, Defendants assert that at least 2 of Defendants’ corporate fact witnesses

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would testify on behalf of Defendants regarding the listed subject matters in DMFEA’s 30(b)(6)

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deposition notice;

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WHEREAS, the parties at the time of this filing have conducted at least 4 depositions of
Defendants’ corporate fact witnesses;
WHEREAS, the Court is reviewing in camera certain documents that Defendants asserted

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privilege therefor and these documents involved several of Defendants’ corporate fact witnesses

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and 30(b)(6) witnesses (ECF No. 450);

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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 issued an order resolving the disputes concerning Defendants’

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asserted privileges;

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WHEREAS, DMFEA has propounded on Defendants Requests for Production of

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Documents related to Medi-Cal Code 1 audits (e.g., DMFEA’s Request for Production of

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Documents Nos. 9, 33, 130);

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WHEREAS, DMFEA and Defendants are continuing to meet and confer regarding

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whether Defendants have complied with DMFEA’s Requests for Production of Documents

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related to Medi-Cal Code 1 audits (including whether Defendants diligently conducted

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electronically stored information (“ESI”) and non-ESI searches, as well as Defendants’ purported

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“custodial” and “non-custodial” searches);

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WHEREAS, Defendant Rite Aid Corporation propounded on DMFEA Requests for
Production of Documents (e.g., Rite Aid Corporation’s Requests for Production of Documents

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Nos. 6, 25, 26, 27, 55, and 56) and Interrogatories (e.g., Interrogatory Nos. 19, 21, 22, and 23),

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related to Medi-Cal Code 1 audits;

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WHEREAS, DMFEA and Defendants are continuing to meet and confer regarding

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whether DMFEA has substantially complied with Rite Aid Corporation’s Requests for Production

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of Documents and Interrogatories, related to Medi-Cal Code 1 audits (i.e., whether DMFEA is

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obligated to search for responsive documents in the possession, custody, or control of another

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state agency);

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WHEREAS, Defendant Rite Aid Corporation issued a documents subpoena on the
Department of Health Care Services (“DHCS”) requesting Medi-Cal Code 1 audits;
WHEREAS, the parties and DHCS are continuing to meet and confer regarding Rite Aid

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Corporation’s document subpoena related to Medi-Cal Code 1 audits (i.e., whether third-party

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DHCS must conduct more comprehensive searches in light of stated objections including

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proportionality);

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WHEREAS, Defendant Rite Aid Corporation issued a deposition subpoena on DHCS
covering several subject matters;
WHEREAS, DHCS identified at least 8 persons who would testify regarding the subject
matters in Rite Aid Corporation’s deposition subpoena;
WHEREAS, the parties and DHCS are continuing to meet and confer about Rite Aid

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Corporation’s deposition subpoena on DHCS, including the scope of the topics included in the

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deposition subpoena;

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WHEREAS, Defendants have issued a 30(b)(6) deposition notice on DMFEA;

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

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and the parties are continuing to meet and confer regarding DMFEA’s objections;
WHEREAS, Defendant Thrifty Payless, Inc. has propounded on DMFEA Requests for
Admissions Set One and Interrogatories Set One, related to Medi-Cal managed care;
WHEREAS, DMFEA and Defendants are continuing to meet and confer regarding Thrifty
Payless, Inc. Requests for Admissions Set One and Interrogatories Set One; and

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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 parties recognize the remaining time and pending discovery tasks in light
of 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
Meet and Confer Hearing
with the magistrate judge on
any and all discovery disputes
related to
 Rite Aid
Corporation’s
Requests for
Production of
Documents Nos. 6, 25,
26, 27, 55, and 56;
 Rite Aid
Corporation’s
documents subpoena
on the Department of
Health Care Services
(“DHCS”) requesting
Medi-Cal Code 1
audits;
 Rite Aid
Corporation’s
Interrogatory Nos. 19,
20, 21, and 23;
 Thrifty Payless, Inc.’s
Request for
Admissions Set One;
and
 Thrifty Payless, Inc.’s
Interrogatories Set
One
Close of Fact Discovery
Expert Disclosures (other
than sampling
methodology/design)

Current Deadline
N/A

Proposed Modified Deadline
No later than October 7, 2022

September 2, 2022
November 4, 2022

March 2, 2023
May 5, 2023

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Rebuttal expert disclosures
(other than sampling
methodology/design)
Expert discovery completed
Last day to hear dispositive
motion

December 2, 2022

June 2, 2023

January 13, 2023
July 14, 2023

July 7, 2023
January 12, 2024

The parties agree that in this context, the term “complete” means to conduct all

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depositions (where applicable) and resolve any disputes relative to discovery by appropriate order

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if necessary, and where discovery has been ordered, to obey the order.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: August 12, 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: August 8, 2022

WATERS & KRAUS, LLP
By /s/ Jennifer L. Bartlett (authorized on 8/8/2022)
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: August 12, 2022

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Benjamin P. Smith (authorized on 8/12/2022)
Benjamin P. Smith
Kevin M. Papay
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Attorneys for Defendants
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.

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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
Meet and Confer Hearing with
the magistrate judge on any and
all discovery disputes related to
 Rite Aid Corporation’s
Requests for Production
of Documents Nos. 6, 25,
26, 27, 55, and 56;
 Rite Aid Corporation’s
documents subpoena on
the Department of Health
Care Services (“DHCS”)
requesting Medi-Cal Code
1 audits;
 Rite Aid Corporation’s
Interrogatory Nos. 19, 20,
21, and 23;
 Thrifty Payless, Inc.’s
Request for Admissions
Set One; and
 Thrifty Payless, Inc.’s
Interrogatories Set One
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

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IT IS SO ORDERED.

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DATED: August 25, 2022.

Current Deadline
N/A

Proposed Modified Deadline
No later than October 7, 2022

September 2, 2022
November 4, 2022

March 2, 2023
May 5, 2023

December 2, 2022

June 2, 2023

January 13, 2023
July 14, 2023

July 7, 2023
January 12, 2024

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JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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