Schmuckley et al v. Rite Aid Corporation

Filing 98

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/17/18, ORDERING that The State's and Relator's opposition briefs to Defendants' consolidated motion to dismiss is due on 2/23/2018. Defendant Rite Aid's reply brief is due on 3/16/2018. The hearing on Rite Aid's motion shall be set for 3/23/2018, or thereafter, in accordance with the Court's schedule. (Kastilahn, A)

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MORGAN, LEWIS & BOCKIUS LLP
TERA M. HEINTZ, State Bar No. 241414
[e-mail]
One Market Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
RITE AID CORPORATION

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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. LOYD F.
SCHMUCKLEY, JR.

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Plaintiffs,
vs.
RITE AID CORPORATION,

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Defendant.

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JOINT STIPULATION AND ORDER
EXTENDING BRIEFING
SCHEDULE, HEARING DATE, AND
PAGE LIMITS RELATED TO
DEFENDANT RITE AID
CORPORATION’S CONSOLIDATED
MOTION TO DISMISS AND
OPPOSITION BRIEFS
Complaint Filed:

September 21, 2017

STATE OF CALIFORNIA ex rel. LOYD F.
SCHMUCKLEY, JR.,
Plaintiffs,

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Case No.: 2:12-cv-01699-KJM-EFB

Vs.
RITE AID CORPORATION,
Defendant.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Case No.: 2:12-cv-01699-KJM-EFB
JOINT STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE AND LIMITS RELATED TO DEFENDANT RITE AID
DB1/ 94472357.1
CORPORATION’S CONSOLIDATED MOTION TO DISMISS

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Plaintiff the State of California (“State”), qui tam relator Loyd Schmuckley (“Relator”),

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and defendant Rite Aid Corporation (“Defendant,” and jointly with State and Relator, the

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“Parties”) hereby enter into this joint stipulation and proposed order for the Court’s consideration:

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RECITALS

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WHEREAS, the State filed its Complaint-in-Intervention (“State’s Complaint”) with the

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Court in this action on September 21, 2017 (Dkt. 75) and Defendant agreed to waive service of

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the State’s Complaint on September 22, 2017 (Dkt. 80);

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WHEREAS, Relator filed his First Amended Complaint (“Relator’s Complaint”) with the
Court in this action on September 28, 2017 (Dkt. 79) and Defendant agreed to waive service of
the Relator’s Complaint on November 20, 2017 (Dkt. 91);
WHEREAS, the Parties previously stipulated and this Court entered an order extending

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the time for Defendant to file a consolidated motion to dismiss the State’s Complaint and

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Relator’s Complaint to January 19, 2018 (Dkt. 94);

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WHEREAS, the Parties have agreed that good cause exists to extend the time period for

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the State and Relator to file their opposition briefs in response to Defendants’ consolidated

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motion to dismiss, and to extend the time period for Defendant to file its reply brief in support of

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Defendant’s consolidated motion to dismiss;

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WHEREAS, the Parties agree for the purposes of efficiency and judicial economy that

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good cause exists to extend the page limits for Defendant’s consolidated motions to dismiss to

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twenty-fives pages so that both the State’s and Relator’s Complaints may be addressed in a single

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motion;

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WHEREAS, the Parties agree for the purposes of efficiency and judicial economy that, to

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the extent that Relator and the State choose to file a consolidated opposition to Defendants’

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consolidated motion to dismiss, good cause exists to extend the page limits for the consolidated

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opposition to twenty-fives pages, and to extend the page limits of any consolidated reply brief by

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Defendant to fifteen pages;

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MORGAN, LEWIS &
BOCKIUS LLP

WHEREAS, none of the Parties is waiving any defense, right or claim by entering into
this stipulation.
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Case No.: 2:12-cv-01699-KJM-EFB

ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE AND LIMITS RELATED TO DEFENDANT RITE AID
DB1/ 94472357.1
CORPORATION’S CONSOLIDATED MOTION TO DISMISS

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JOINT STIPULATION

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THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

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1.

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The page limit for Defendant’s consolidated motion to dismiss the State’s and

Relator’s Complaint shall not exceed twenty-five pages;
2.

The State’s and Relator’s opposition briefs to Defendants’ consolidated motion to

dismiss shall be due on February 23, 2018;
3.

To the extent the State and Relator choose to file a consolidated opposition, the

page limits of such consolidated opposition shall not exceed twenty-five pages.

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4.

Defendant Rite Aid’s reply brief shall be due on March 16, 2018;

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5.

To the extent the State and Relator file a consolidated opposition brief,

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Defendant’s consolidated reply brief shall not exceed fifteen pages;
6.

The hearing on Rite Aid’s motion shall be set for March 23, 2018, or thereafter, in

accordance with the Court’s schedule;
IT IS SO STIPULATED.

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/s/ Emmanuel R. Salazar
Emmanuel R. Salazar
Deputy Attorney General

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Attorneys for STATE OF CALIFORNIA

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Dated: December 27, 2017

Dated: December 27, 2017

By

WATERS & KRAUS

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By

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Attorneys for Qui Tam Plaintiff
LOYD F. SCHMUCKLEY

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/s/ William Paul Lawrence, II
William Paul Lawrence, II

Dated: December 27, 2017

MORGAN, LEWIS & BOCKIUS LLP

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By

/s/ Tera M. Heintz
Tera M. Heintz
Attorneys for Defendant
RITE AID CORPORATION

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MORGAN, LEWIS &
BOCKIUS LLP

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Case No.: 2:12-cv-01699-KJM-EFB

ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE AND LIMITS RELATED TO DEFENDANT RITE AID
DB1/ 94472357.1
CORPORATION’S CONSOLIDATED MOTION TO DISMISS

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ORDER

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Based upon the agreement of the Parties, and the Court finding good cause therefor,

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IT IS HEREBY ORDERED THAT:

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1.

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The page limit for Defendant’s consolidated motion to dismiss the State’s and

Relator’s Complaint shall not exceed twenty-five pages;
2.

The State’s and Relator’s opposition briefs to Defendants’ consolidated motion to

dismiss shall be due on February 23, 2018;
3.

To the extent the State and Relator choose to file a consolidated opposition, the

page limits of such consolidated opposition shall not exceed twenty-five pages;

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4.

Defendant Rite Aid’s reply brief shall be due on March 16, 2018;

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5.

To the extent the State and Relator file a consolidated opposition brief,

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Defendant’s consolidated reply brief shall not exceed fifteen pages; and
6.

The hearing on Rite Aid’s motion shall be set for March 23, 2018, or thereafter, in

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accordance with the Court’s schedule.

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IT IS SO ORDERED.

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DATED: January 17, 2018.

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UNITED STATES DISTRICT JUDGE

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MORGAN, LEWIS &
BOCKIUS LLP

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Case No.: 2:12-cv-01699-KJM-EFB

ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE AND LIMITS RELATED TO DEFENDANT RITE AID
DB1/ 94472357.1
CORPORATION’S CONSOLIDATED MOTION TO DISMISS