Schmuckley et al v. Rite Aid Corporation

Filing 488

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/10/23 APPROVING the 487 Stipulation and Proposed Order and AMENDING the scheduling order as follows: Discovery: 1/3/2024; Dispositive Motions: 7/12/2024. (Licea Chavez, V)

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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.

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Plaintiffs,

RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.
Defendants.
STATE OF CALIFORNIA ex rel. LLOYD F.
SCHMUCKLEY, JR.,

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JOINT STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

vs.

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

Plaintiffs,
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; PROPOSED ORDER

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RECITALS

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WHEREAS, the Parties are continuing mediation with the Honorable Jeremy D. Peterson;

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WHEREAS, the Parties therefore agree to 60 days to extend all deadlines in the effective

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scheduling order, including the deadline to complete expert discovery;
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 discovery completed
Last day to hear dispositive
motion

(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 STIPULATED.
Respectfully submitted,
Dated: October 4, 2023

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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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Proposed Modified Deadline
January 3, 2024
July 12, 2024

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

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Current Deadline
November 3, 2023
May 10, 2024

Dated: October 4, 2023

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WATERS & KRAUS, LLP

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By /s/ Wm. Paul Lawrence, II (authorized on 10/4/23)
Wm. Paul Lawrence, II
[e-mail]
Waters & Kraus
37163 Mountville Road
Middleburg, VA 20117

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

JOINT STIPULATION TO AMEND SCHEDULING ORDER; PROPOSED ORDER

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

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Dated: October 4, 2023

MORGAN, LEWIS & BOCKIUS LLP
By /s/ Benjamin P. Smith (authorized on 10/4/23)
Benjamin P. Smith
Kevin M. Papay
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
RITE AID CORPORATION, RITE AID
HDQTRS. CORP., THRIFTY PAYLESS, INC.

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ORDER

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The Court, having considered the Joint Stipulation to Amend Scheduling Order, finds
good cause and ORDERS THAT the Joint Stipulation to Amend Scheduling Order is approved
and FURTHER ORDERS THAT the scheduling order is amended as follows:
Event
Expert discovery completed
Last day to hear dispositive
motion

Current Deadline
November 3, 2023
May 10, 2024

Proposed Modified Deadline
January 3, 2024
July 12, 2024

The term “deadline” means to conduct all depositions (where applicable) and resolve any

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disputes relative to discovery by appropriate order if necessary, and where discovery has been

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ordered, to obey the order.

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IT IS SO ORDERED.
DATED: October 10, 2023.

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

JOINT STIPULATION TO AMEND SCHEDULING ORDER; PROPOSED ORDER