Filed: Mar. 11, 2019
Latest Update: Mar. 11, 2019
Summary: JOINT STIPULATION AND ORDER MODIFYING PHASE 1 BRIEFING DEADLINES [ECF NO. 176] KIMBERLY J. MUELLER , District Judge . RECITALS WHEREAS, on December 12, 2018, the Court issued an order [ECF No. 176] ("Order") modifying certain deadlines for Phase 1 and Phase 2 discovery in this matter, including the deadlines for briefing regarding Defendant Rite Aid Corporation's ("Defendant") Motion Challenging Plaintiffs' Sampling Methodology and Design ("Motion"); WHEREAS, Defendant continues to seek
Summary: JOINT STIPULATION AND ORDER MODIFYING PHASE 1 BRIEFING DEADLINES [ECF NO. 176] KIMBERLY J. MUELLER , District Judge . RECITALS WHEREAS, on December 12, 2018, the Court issued an order [ECF No. 176] ("Order") modifying certain deadlines for Phase 1 and Phase 2 discovery in this matter, including the deadlines for briefing regarding Defendant Rite Aid Corporation's ("Defendant") Motion Challenging Plaintiffs' Sampling Methodology and Design ("Motion"); WHEREAS, Defendant continues to seek d..
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JOINT STIPULATION AND ORDER MODIFYING PHASE 1 BRIEFING DEADLINES [ECF NO. 176]
KIMBERLY J. MUELLER, District Judge.
RECITALS
WHEREAS, on December 12, 2018, the Court issued an order [ECF No. 176] ("Order") modifying certain deadlines for Phase 1 and Phase 2 discovery in this matter, including the deadlines for briefing regarding Defendant Rite Aid Corporation's ("Defendant") Motion Challenging Plaintiffs' Sampling Methodology and Design ("Motion");
WHEREAS, Defendant continues to seek documents and testimony it contends are relevant to its Motion, including from the United States Attorney's Office for the Eastern District of California ("USAO") and California's Department of Health Care Services ("DHCS");
WHEREAS, pursuant to the Order, on February 15, 2019, Defendant served Report No. 1 of Dr. Roy J. Epstein, PhD, Defendant's sampling expert;
WHEREAS, pursuant to the Court's prior Order, Dr. Epstein's deposition was ordered to take place prior to March 29, 2019;
WHEREAS, Dr. Epstein is now unavailable for deposition during the month of March 2019 because he is currently running to be elected as a selectman in his home town of Belmont, Massachusetts, with the election being set for April 2, 2019;
WHEREAS, in light of the above, plaintiff-in-intervention the State of California ("State" or "California"), qui tam plaintiff Loyd F. Schmuckley, Jr. ("Relator," together with the State, "Plaintiffs"), and Defendant (together with the Plaintiffs, the "Parties") have met and conferred, and intend to proceed with Dr. Epstein's deposition on April 10, 2019 in Boston, Massachusetts; and
WHEREAS, the Parties hereby agree that a two-week extension of the briefing deadlines for Defendant's Motion set forth in the Order is warranted to alleviate the scheduling issues discussed above;
The Parties hereby stipulate and agree as follows:S
STIPULATION
The Parties stipulate and request that the Court order the following modifications to its December 12, 2018 Order:
Event Current Date Proposed Modified Date
[ECF No. 176]
Defendant's Disclosure of 2/15/2019 2/15/2019
Sampling Methodology Expert
Report and Materials [Unchanged]
Last Day to Depose Defendant's 3/29/2019 4/10/2019
Sampling Methodology and
Statistical Expert
Defendant's Motion Challenging 4/1/2019 4/15/2019
Plaintiffs' Sampling Methodology
and Design
Plaintiffs' Opposition Brief 5/1/2019 5/15/2019
Defendant's Reply Brief 5/22/2019 6/5/2019
Hearing on Motion 6/14/2019 at 10:00 A.M. 6/14/2019 at 10:00 A.M.
in Courtroom No. 3 in Courtroom No. 3
[Unchanged1]
First Phase of Discovery 6/26/2019 6/26/2019
Completed
[Unchanged]
ORDER
The above having been stipulated by the Parties, and the Court finding good cause therefor,
IT IS SO ORDERED that the dates outlined in the Court's December 12, 2018 Order [ECF No. 176] are hereby modified as proposed and set forth in the Stipulation above. The court also resets the June 14, 2019 Hearing on Motion date to June 28, 2019, at 10:00 A.M., due to adjustments in Judge Mueller's calendar schedule.
