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United States ex rel. Schmuckley v. Rite Aid Corporation, 2:12-CV-1699 KJM EFB. (2019)

Court: District Court, E.D. California Number: infdco20190806934 Visitors: 11
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: JOINT MOTION TO AMEND SCHEDULING ORDER; ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff-Intervenor State of California ("California"), Relator Loyd F. Schmuckley, Jr., and Defendant Rite Aid Corporation 1 ("Rite Aid") (collectively, "the Parties") jointly hereby move the Court for an order amending the currently effective scheduling order. On May 29, 2018, the Court adopted phased discovery in this matter. ECF No. 128. The first phase of discovery would address, among other things,
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JOINT MOTION TO AMEND SCHEDULING ORDER; ORDER

Plaintiff-Intervenor State of California ("California"), Relator Loyd F. Schmuckley, Jr., and Defendant Rite Aid Corporation1 ("Rite Aid") (collectively, "the Parties") jointly hereby move the Court for an order amending the currently effective scheduling order.

On May 29, 2018, the Court adopted phased discovery in this matter. ECF No. 128. The first phase of discovery would address, among other things, relevant here, "all of Rite Aid's prescription records and all relevant third-party medical records concerning the statistical sample of 1,904 claims." Id. at 5. The second phase of discovery would address all remaining discovery, including depositions of the Parties 30(b)6) witnesses. Per the current effective scheduling orders, the first phase of discovery was to be completed by June 26, 2019, and the second phase of discovery would be completed by October 23, 2019. ECF No. 176.

On July 2, 2019, upon hearing, the Magistrate Judge granted California's motion to compel regarding Rite Aid's prescription records and ordered Rite Aid to produce all responsive documents, including copies of scanned prescriptions, hard copy prescriptions, and "patient medication profiles" related to the 1,904 sample claims, no later than October 23, 2019. ECF No. 225 at 2. The Magistrate Judge also granted California's motion to compel relating to California's Requests for Production of Documents Nos. 15 and 16 and ordered Rite Aid to produce all responsive documents as soon as practical, with all documents produced no later than October 23, 2019.2 Id.

Given the Court's July 2, 2019 order, and the Parties' anticipation of considerable discovery necessary during Phase 2 of this matter, the Parties have met and conferred regarding modifications of current Phase 2 deadlines in this matter. To allow Rite Aid sufficient time to produce responsive records by October 23, 2019, and to also allow Plaintiffs sufficient time to review all responsive records before proceeding with depositions of Rite Aid's 30(b)(6) witnesses, a subject that falls within the second phase of discovery, the Parties have mutually agreed to extend case deadlines as set forth below.

The Parties, therefore, jointly move the Court to amend its prior scheduling orders, ECF Nos. 176 and 184, as follows:

Event Current Date Requested Modified Date Second Phase of Discovery October 23, 2019 February 21, 2020 Completed3 Expert Disclosures (other November 22, 2019 April 10, 2020 than sampling methodology/design) Rebuttal expert disclosures January 20, 2020 May 22, 2020 (other than sampling methodology/design) Expert Discovery Completed February 19, 2020 June 26, 2020 Last Day to Hear Dispositive June 12, 2020 at 10:00 A.M. October 23, 2020 at 10:00 Motions in Courtroom No. 3 A.M. in Courtroom No. 3 Respectfully submitted, Dated: 7/30/2019 XAVIER BECERRA Attorney General of California /s/ Emmanuel R. Salazar EMMANUEL R. SALAZAR Deputy Attorney General Attorneys for Plaintiff-Intervenor State of California Dated: 7/30/2019 WATERS & KRAUS LLP /s/ Wm. Paul Lawrence II (authorized on 7/30/2019) WM. PAUL LAWRENCE II Attorneys for Relator Loyd F. Schmuckley, Jr. Dated: 7/29/2019 MORGAN, LEWIS & BOCKIUS, LLP /s/ Michael Q. Eagan, Jr. (authorized on 7/29/2019) BENJAMIN P. SMITH MICHAEL Q. EAGAN, JR. Attorneys for Defendant Rite Aid Corporation

ORDER

After reviewing the Parties' joint motion to amend the scheduling order, the Court finds good cause and grants the motion.

IT IS ORDERED that the scheduling orders, ECF Nos. 176 and 184, are amended as follows:

Event Current Date Requested Modified Date Second Phase of Discovery October 23, 2019 February 21, 2020 Completed Expert Disclosures (other November 22, 2019 April 10, 2020 than sampling methodology/design) Rebuttal expert disclosures January 20, 2020 May 22, 2020 (other than sampling methodology/design) Expert Discovery Completed February 19, 2020 June 26, 2020 Last Day to Hear Dispositive June 12, 2020 at 10:00 A.M. October 23, 2020 at 10:00 Motions in Courtroom No. 3 A.M. in Courtroom No. 3

IT IS SO ORDERED.

FootNotes


1. Rite Aid contends that it is an improper defendant to this action. See ECF Nos. 188, 227.
2. The Magistrate Judge denied California's motion for evidentiary sanctions. Id.
3. The Parties are continuing to meet and confer about discovery relating to pharmacy associates whose testimony Rite Aid may rely upon in this matter. The Parties will notify the Court as soon as possible if the Parties consider it necessary to further amend the scheduling order.
Source:  Leagle

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