Schmuckley et al v. Rite Aid Corporation

Filing 473

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 02/08/2023 AMENDING the Scheduling Order as follows: Close of Fact Discovery for Purposes of Competing Depositions due by 03/31/2023; Last day to hear any motion related to depositions is 05/19/2023; Expert Disclosures due by 06/05/2023; Rebuttal Expert Disclosures due by 07/07/2023; Expert Discovery due by 08/09/2023 and the last day to hear dispositive motion is 02/16/2024. (Spichka, K.)

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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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Vs.

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JOINT STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

vs.

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

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

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Defendants.

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Case No.: 2:12-cv-1699 KJM JDP
JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER
DB1/ 135822678.1

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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”) under the Office of the Attorney General and

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

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“Defendants”) (collectively, “Parties”) have met and conferred and have identified sixteen

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remaining witnesses who the Parties plan to depose prior to the close of fact discovery;

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WHEREAS, due to the locations of the witnesses, California plans to conduct in-person

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depositions of six additional witnesses employed or previously employed by Defendants within

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the allowable distance from the witnesses’ residences: one witness in southern California, three

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witnesses around Harrisburg, Pennsylvania, one witness in Cincinnati, Ohio, one witness in

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Tampa, Florida; and to conduct a remote continued deposition of one Rite Aid witness;

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WHEREAS, Defendants plan to conduct remote video depositions of around eight

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witnesses employed or contracted by third-party California Department of Health Care Services

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(“DHCS”) related to a deposition subpoena Rite Aid served on January 26, 2023, and one witness

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employed by DMFEA related to topics 16-18 of a deposition notice served on December 7, 2021;

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WHEREAS, the current deadline to complete fact discovery per the Court’s August 25,
2022 amendment to the Scheduling Order is March 2, 2023 (ECF 460);
WHEREAS, due to numerous factors including the availability of the parties’ counsel, the

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availability of third-party witnesses, the availability of counsel for third-party witnesses, travel

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logistics, and the number of depositions to be taken, the Parties have coordinated and agreed upon

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a schedule to complete all sixteen depositions by no later than March 31, 2023;

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WHEREAS, in order to complete the remaining depositions per the schedule agreed to by

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the Parties, the Parties require and hereby request that the Court amend the Scheduling Order to

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permit a short, four-week extension of the fact discovery cutoff to March 31, 2023 for the purpose

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of completing the remaining agreed-upon depositions of 7 Rite Aid witnesses, 1 DMFEA witness,

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and around 8 DHCS witnesses, as well as a corresponding extension of case deadlines following

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the close of fact discovery;

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DB1/ 135822678.1

JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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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
Close of Fact Discovery for
Purposes of Completing
Remaining Depositions of
Agreed Upon Fact Witnesses
Last day to hear any motion
related to depositions
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: February 6, 2023

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May 5, 2023

May 5, 2023

June 5, 2023

June 2, 2023

July 7, 2023

July 7, 2023
January 12, 2024

August 9, 2023
February 13, 2024

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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N/A

Respectfully submitted,

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Proposed Modified Deadline
Remains the Same
March 31, 2023

IT IS SO STIPULATED.

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Current Deadline
March 2, 2023
March 2, 2023

Dated: February 6, 2023

WATERS & KRAUS, LLP
By /s/ Jennifer L. Bartlett (authorized on 2/5/2023)
Jennifer L. Bartlett
[e-mail]
Bartlett Barrow LLP
225 S. Lake Avenue, Suite 300
Pasadena, CA 91101
Telephone: [phone]

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DB1/ 135822678.1

JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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Email: [e-mail]
Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY, JR.

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Dated: February 6, 2023

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MORGAN, LEWIS & BOCKIUS LLP
By /s/ Benjamin P. Smith (authorized on 2/6/2023)
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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DB1/ 135822678.1

JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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

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ORDER

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The court, having considered the Joint Stipulation to Amend Scheduling Order and good

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cause appearing, grants the stipulated request to amend the scheduling and amends the

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scheduling order as follows:

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Event
Close of Fact Discovery
Close of Fact Discovery for
Purposes of Completing
Depositions of 16 Agreed Upon
Fact Witnesses
Last day to hear any motion
related to depositions
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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Current Deadline
March 2, 2023
March 2, 2023

Modified Deadline
Remains the same
March 31, 2023

N/A

May 19, 20231

May 5, 2023

June 5, 2023

June 2, 2023

July 7, 2023

July 7, 2023
January 12, 2024

August 9, 2023
February 16, 20242

IT IS SO ORDERED.
DATED: February 8, 2023.

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The parties’ identified date of May 5, 2023, is not a viable hearing date.

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The parties’ identified date of February 13, 2024, is not a viable hearing date.

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DB1/ 135822678.1

JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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