Schmuckley et al v. Rite Aid Corporation

Filing 481

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/3/2023 AMENDING The Scheduling Order as follows: Expert Disclosures due by 6/19/2023. Rebuttal Expert Disclosures due by 8/4/2023. Expert Discovery by 9/15/2023. Last day to hear Dispositive Motions 3/15/2024. (Mena-Sanchez, L)

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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]
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4252
Telephone: [phone]
Fax: [phone]
Attorneys for State of California
(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.,

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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
DB1/ 137927706.1

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

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Division of Medi-Cal Fraud and Elder Abuse (“DMFEA”) under the Office of the Attorney

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General, Relator Loyd F. Schmuckley, Jr., and Defendants Rite Aid Corporation, Rite Aid

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Hdqtrs. Corp., and Thrifty Payless, Inc. conducted several depositions of Defendants’ corporate

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witnesses and designated witnesses of the Department of Health Care Services from February to

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April 2023;

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WHEREAS, the Parties are still receiving the final transcripts and verifications from these
depositions;
WHEREAS, DMFEA’s pharmacy expert needs to review some of the final transcripts in
conjunction with the review of pharmacy records in connection with 1,904 sample claims;
WHEREAS, DMFEA’s medical expert needs additional time to finish the review of
medical records in connection with 885 sample claims;
WHEREAS, DMFEA’s statistical expert needs to receive the findings from DMFEA’s
pharmacy expert and medical expert to complete the statistical analysis;
WHEREAS, on April 26, 2023, DMFEA asked the Parties for a short two-week extension
of all related deadlines in the scheduling order as outlined below;
WHEREAS, Defendants requested additional time to respond to DMFEA’s expert witness
designations; and
WHEREAS, the Parties in good faith have met and conferred;

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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
Expert disclosures (other than
sampling
methodology/design)

Current Deadline
June 5, 2023

Proposed Modified Deadline
June 19, 2023

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DB1/ 137927706.1

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

July 7, 2023

August 4, 2023

August 9, 2023
February 16, 2024

September 15, 2023
March 29, 2024

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

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

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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: April 27, 2023

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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: April 27, 2023
WATERS & KRAUS, LLP

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By /s/ Wm. Paul Lawrence, II (authorized on 4/27/23)
Wm. Paul Lawrence, II
[e-mail]
Waters & Kraus
37163 Mountville Road
Middleburg, VA 20117
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: April 27, 2023

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MORGAN, LEWIS & BOCKIUS LLP
By /s/ Benjamin P. Smith (authorized on 4/27/23)
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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DB1/ 137927706.1

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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DB1/ 137927706.1

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
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 5, 2023

Proposed Modified Deadline
June 19, 2023

July 7, 2023

August 4, 2023

August 9, 2023
February 16, 2024

September 15, 2023
March 15, 2024

The term “deadline” means to conduct all depositions (where applicable) and resolve any
disputes relative to discovery by appropriate order if necessary, and where discovery has been
ordered, to obey the order.
IT IS SO ORDERED.
DATED: May 3, 2023.

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DB1/ 137927706.1

JOINT STIPULATION TO AMEND SCHEDULING ORDER; ORDER

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