Schmuckley et al v. Rite Aid Corporation
Plaintiff: Loyd F. Schmuckley, Jr.
Defendant: Rite Aid Corporation
Intervenor_plaintiff: United States of America, State of California, State of Massachusetts and District of Columbia
Case Number: 2:2012cv01699
Filed: June 26, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Other Statutory Actions
Cause of Action: 31:3729
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 13, 2020 Opinion or Order Filing 376 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/13/2020 GRANTING 375 Motion for Extension of time. AMENDING ORDER 365 as follows: Rite Aid shall produce all documents responsive to California RPD Nos. 69, 72, 75, 84, 88, and 121-123, subject to California's qualification that RPD Nos. 69, 72, 75, 84 seek only documents that "actually discuss, reflect, or documents" delegations or authorizations by 12/7/2020. (Mena-Sanchez, L)
October 28, 2020 Opinion or Order Filing 373 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/28/2020 GRANTING 372 Motion to Amend Deadlines as follows: Rite Aid shall produce the prescription records, in the format providing the best available clarity, for each of the sample claims identified on California's list by 11/30/2020; California shall provide supplemental responses to Rite Aid's Interrogatories 3-5, 7-9, and 13 by 1/15/2021. (Mena-Sanchez, L)
October 16, 2020 Opinion or Order Filing 365 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/16/2020 GRANTING 328 Motion to Compel as follows: By 10/19/2020, California shall provide Rite Aid a list specifically identifying each of the prescription records for the approximately 65 p ercent of sample claims that are illegible or difficult to read; By 11/16/2020, Rite Aid shall produce the prescription records for each of the sample claims identified on California's list; and By 12/31/2020, California shall provide supplement al responses to Rite Aid's Interrogatories 3-5, 7-9, and 13. 331 Motion to Compel is GRANTED. By 11/16/2020, Rite Aid shall produce all documents responsive to RPD Nos. 69, 72, 75, 84, 88, and 121-123, subject to California's qualification. 340 Motion to Compel is DENIED as MOOT. 333 Motion for Sanctions is DENIED. (Huang, H)
October 14, 2020 Opinion or Order Filing 359 STIPULATION and ORDER RE: DEFENDANT'S PRODUCTION OF ELECTRONICALLY STORED COMMUNICATIONS signed by Magistrate Judge Edmund F. Brennan on 10/14/2020. (Zignago, K.)
September 15, 2020 Opinion or Order Filing 353 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/2020 CONTINUING the hearing on pending 328 , 331 , 333 , and 340 motions to 10/14/2020, at 10:00 AM, in Courtroom 8 (EFB), before Magistrate Judge Edmund F. Brennan. The parti es are DIRECTED to further meet and confer regarding California's 331 motion to compel production of documents and plaintiffs' 340 motion to compel ESI. If the parties are unable to resolve their disputes, by no later than 10/5/2020, the parties SHALL FILE a joint statement for each motion. Each joint statement shall not exceed 30 pages and must comply with the court's local rules. (York, M)
August 26, 2020 Opinion or Order Filing 339 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/2020 ORDERING the parties to exchange initial joint statements on California's 331 motion to compel re RPD Set No. 8 and Rite Aid's 328 motion to compel re: in terrogatories; Plaintiffs to provide Rite Aid with a separate initial joint statement regarding Plaintiffs' motion for an order re: ESI by 9/2/2020. No later than 5:00 PM on 9/8/2020 the parties are to exchange inserts on joint statements on Ri te Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, and Plaintiffs' motion for an order re: ESI. Rite Aid's opposition to California's motion for order to show cause and sanctions due by 9/9/2020. The last day for the parties to file joint statements on Rite Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, and Plaintiffs' motion for an order re: ESI is 9/9/2020. Plai ntiffs reply to Rite Aid's opposition to California's motion for order to show cause and sanctions is due 9/14/2020. The hearing of Rite Aid's motion to compel re: interrogatories, California's motion to compel re: RPD Set No. 8, Plaintiffs' motion for an order re: ESI, andCalifornia's motion for an order to show cause and sanctions is set for 9/16/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)
August 20, 2020 Opinion or Order Filing 334 ORDER signed by Chief District Judge Kimberly J. Mueller on 8/19/2020 DENYING 325 , 326 Requests to Seal Document. If defendant again files such an unsupported request to seal, the court cautions defendant will be required to show cause why it should not be subject to monetary sanctions. (Zignago, K.)
July 14, 2020 Opinion or Order Filing 319 ORDER signed by Chief District Judge Kimberly J. Mueller on 7/13/2020 ORDERING for the reasons set forth above, Rite Aid's motion to exclude plaintiffs' proposed sampling methodology, ECF No. 195 , is DENIED. The court declines to rule on plaintiffs' motion to exclude portions of Dr. Epstein's report, ECF No. 206 , and Rite Aid's motion to exclude and strike untimely evidence and expert opinion submitted in support of plaintiffs' opposition to the motion to exclude sampling methodology, ECF No. 208 . These motions areDENIED without prejudice. (Becknal, R)
June 16, 2020 Opinion or Order Filing 316 ORDER signed by Chief District Judge Kimberly J. Mueller on 6/16/2020 MODIFYING the Scheduling Order as follows: Second Phase of Discovery Completed - 6/4/2021; Expert Disclosures (other than sampling methodology/design) - 8/6/2021; Rebuttal Expert Disclosures (other than sampling methodology/design) - 9/10/2021; Expert Discovery Completed - 10/15/2021; Last Day to Hear Dispositive Motions - 4/15/2022 at 10:00 A.M. in Courtroom No. 3 (Becknal, R)
May 19, 2020 Opinion or Order Filing 313 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/2020 ORDERING Rite Aid to submit for in camera review documents by 6/22/2020. The State of file a reply by 7/20/2020.(Reader, L)
March 27, 2020 Opinion or Order Filing 301 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/27/2020 AMENDING the schedule as follows: Rite Aid to submit documents for in camera review with supporting declaration and to produce documents not to contain privileged information by 4/22/2020, except for those corresponding to the 4/2007, 1/2010, 4/2010, 4/2011, and 6/2011 board meetings which are due on 4/8/2020. California to file reply to Rite Aid's delcarations by 5/20/2020. (Coll, A)
March 25, 2020 Opinion or Order Filing 299 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/2020 MODIFYING the scheduling order as follows: Motion to Amend the Pleadings due by 6/12/2020. Opposition due by 7/10/2020. Reply due by 7/24/2020. (Coll, A)
January 22, 2020 Opinion or Order Filing 282 ORDER signed by Chief District Judge Kimberly J. Mueller on 1/21/2020 ORDERING that the deadline for the Parties to complete deposition(s) of RiteAid 30(b)(6) witnesses relating to Rite Aid's improper defendant defense is stricken. TheParties are ordered to meet and confer on the dates to complete these depositions within theconfines of the current scheduling order, ECF No. 260 . All other dates in the currently effective scheduling order, ECF No. 260 , remain the same. (Kastilahn, A)
January 16, 2020 Opinion or Order Filing 281 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/2020 ORDERING that the deadline for opposition to 275 Motion for Sanctions is EXTENDED to 2/12/2020, the deadline for reply to opposition is EXTENDED to 2/19/2020, and the hearing is MOVED to 2/26/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)
January 15, 2020 Opinion or Order Filing 278 ORDER signed by Chief District Judge Kimberly J. Mueller on 1/14/20 GRANTING in part and DENYING in part 158 Motion to Strike. (Kaminski, H)
December 19, 2019 Opinion or Order Filing 273 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/19 DENYING 267 Rite Aid's request to file documents under seal. California's 261 motion for attorneys' fees is GRANTED in PART and DENIED in PART (refer to order for further details). (Kastilahn, A) Modified on 12/19/2019 (Kastilahn, A).
November 8, 2019 Opinion or Order Filing 260 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/8/19 GRANTING 259 the Amended Joint Motion to Extend Time to Conduct Discovery and Meet and Confer. Plaintiff's Motion to Amend due by 4/3/2020 with Opposition due by 5/1/2020, and Reply due by 5/15/2020, Second Phase of Discovery Completed by 8/7/2020, Expert Disclosures due by 10/2/2020 with Rebuttal due by 11/13/2020, Expert Discovery Completed by 12/18/2020, and the Last Day to Hear Dispositive Motions shall be 5/28/2021 at 10:00 AM in Courtroom 3. (See order for further deadlines)(Kastilahn, A)
November 5, 2019 Opinion or Order Filing 258 ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 11/4/2019 GRANTING California's motion to compel (ECF No. 249 ) and Rite Aid's request for an extension of time (ECF No. 250 ). (Becknal, R)
September 30, 2019 Opinion or Order Filing 244 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/27/2019 ORDERING the schedule for the Parties as follows: Rite Aid's Service of Responses/Objections due by 10/2/2019, Rite Aid's Production of Documents to be complete d by 10/25/2019, Stipulation to Amend Named Defendant due by 11/12/2019, Motion to Amend due by 12/2/2019, with Opposition due by 1/10/2020 and, Reply due by 1/24/2020, the Second Phase of Discovery shall be completed by 3/27/2020, Expert Disclosures due by 5/15/2020, with Rebuttal due by 6/26/2020, Expert Discovery shall be completed by 7/31/2020, and Dispositive Motions shall be heard by 12/11/2020 at 10:00 AM in Courtroom 3. (Huang, H)
August 26, 2019 Opinion or Order Filing 242 ORDER signed by District Judge Kimberly J. Mueller on 8/26/19 ORDERING that Plaintiff's, Motion to amend the pleadings filing deadline is 11/1/2019. Defendant's opposition to motion to amend to be filed by 12/6/19. Plaintiffs' reply re Motion to amend to be filed by 12/20/2019. Hearing on Plaintiff's Motion to Amend the pleadings 1/17/2020 at 10:00 a.m. (Mena-Sanchez, L)
August 5, 2019 Opinion or Order Filing 239 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/5/2019 AMENDING the 176 and 184 as follows: Discovery to be completed by 2/21/2020; Expert Disclosures due by 4/10/2020; Rebuttal Expert Disclosures due by 5/22/2020; Expert Discovery completed by 6/26/2020; Last day to hear Dispositive Motions is 10/23/2020. (Zignago, K.)
July 8, 2019 Opinion or Order Filing 227 ORDER signed by District Judge Kimberly J. Mueller on 7/8/2019 GRANTING 224 Motion for Extension and ORDERING that Plaintiffs shall have until 8/26/2019 to either stipulate with Defendant for an agreed-upon amendment to correct the naming of Defendant in this matter, or to otherwise seek leave of the Court to amend their pleadings. (Huang, H)
July 2, 2019 Opinion or Order Filing 225 ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 7/1/2019 GRANTING IN PART and DENYING IN PART California's 207 Motion to Compel. (Zignago, K.)
April 30, 2019 Opinion or Order Filing 198 ORDER signed by District Judge Kimberly J. Mueller on 4/29/2019 GRANTING 194 Notice of Request to Seal Document(s). (Washington, S)
March 12, 2019 Opinion or Order Filing 193 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/11/2019 MODIFYING the Last Day to Depose Defendant's Sampling Methodology and Statistical Expert to 4/10/2019; Defendant's Motion Challenging Plaintiffs' Samplin g Methodology and Design to 4/15/2019; Plaintiffs' Opposition Brief to 5/15/2019; Defendant's Reply Brief to 6/5/2019. The court also resets the 6/14/2019 Hearing on Motion date to 6/28/2019, at 10:00 A.M., due to adjustments in Judge Mueller's calendar schedule. (Zignago, K.)
January 14, 2019 Opinion or Order Filing 185 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/2019. (Washington, S)
January 9, 2019 Opinion or Order Filing 184 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/9/2019 GRANTING 183 joint motion seeking clarification. The 176 Order is AMENDED as follows: expert discovery completion extended to 2/19/2020; the last day to hear dispositive motions is extended to 6/12/2020. (Zignago, K.)
December 21, 2018 Opinion or Order Filing 179 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/21/18 DENYING 150 Motion to Compel; DENYING 153 Motion for Protective Order and GRANTING IN PART and DENYING IN PART 165 Motion to Compel as follows: by 12/26/18, the parties shall f ile a proposed stipulated protective order governing the exchange of any confidential documents; By 01/09/19, Rite Aid shall produce to relator all investigation documents it previously produced to California that are related to any claim and defense in this action; By 01/30/19, Rite Aid shall serve relator and California with a log identifying all documents it withheld on the basis of relevancy. The log shall describe each withheld document in sufficient detail to allow relator to assess Rite Aid's contention that it is not relevant to this case. The balance of the motion is DENIED. (Benson, A.)
December 12, 2018 Opinion or Order Filing 176 ORDER signed by District Judge Kimberly J. Mueller on 12/12/2018 GRANTING 148 Motion to Modify Scheduling Order. ORDERING the following deadlines MODIFIED as follows: Defendant's Disclosure of Sampling Methodology Expert Report and Materials M ODIFIED to 2/15/2019; Last Day to Depose Defendant's Sampling Methodology and Statistical Expert MODIFIED to 3/29/2019; Defendant's Motion Challenging Plaintiffs' Sampling Methodology and Design MODIFIED to 4/1/2019; Plaintiffs' O pposition Brief MODIFIED to 5/1/2019; Defendant's Reply Brief MODIFIED to 5/22/2019; Hearing on Motion MODIFIED to 6/14/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; First Phase of Discovery Completed MODIFIED to 6/26/2019; Second Phase of Discovery Completed MODIFIED to 10/23/2019; Expert disclosures (other than sampling methodology/design) MODIFIED to 11/22/2019; Rebuttal expert disclosures (other than sampling methodology/design) MODIFIED to 1/20/2020; Expert Discovery Completed MODIFIED to 6/12/2020 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Washington, S)
November 26, 2018 Opinion or Order Filing 162 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 DENYING the 151 discovery motion and VACATING the 11/28/2018 hearing. (Zignago, K.)
October 18, 2018 Opinion or Order Filing 142 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/17/2018 ORDERING that Rite Aid may, without seeking leave of the Court, file amended answers to California's Complaint-in-Intervention and Relator's First Amended Comp laint on or before 10/31/2018. The deadline for Plaintiffs to file their motion(s) to strike Rite Aid's Answer to California's Complaint-in-Intervention 138 and Answer to Relators First Amended Complaint 139 shall be 11/7/2018. (Washington, S)
September 26, 2018 Opinion or Order Filing 137 ORDER signed by District Judge Kimberly J. Mueller on 9/25/18 EXTENDING dates as follows: First Phase of Discovery shall be Completed by 4/26/19; Second Phase of Discovery shall be completed by 8/23/19; Expert Disclosures (other than sampling method ology/design) shall be completed by 9/23/19; Rebuttal Expert Disclosures (other than sampling methodology/design) shall be completed by 11/19/19; Expert Discovery shall be Completed by 12/19/19. Las day to Hear Dispositive Motions 4/10/2019 at 10:00 A.M. in Courtroom No. 3. (Mena-Sanchez, L)
September 11, 2018 Opinion or Order Filing 136 STIPULATED ADDENDUM and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2018 re 109 Protective Order. (Washington, S)
September 5, 2018 Opinion or Order Filing 134 ORDER signed by District Judge Kimberly J. Mueller on 9/5/2018 GRANTING IN PART and DENYING IN PART Rite Aid's 100 Motion to Dismiss. Rite Aid shall file its answers within twenty-one (21) days. (Zignago, K.)
May 29, 2018 Opinion or Order Filing 128 STATUS (PRETRIAL SCHEDULING)ORDER signed by District Judge Kimberly J. Mueller on 5/29/18. All first phase discovery shall be completed by 1/25/2019; second phase shall be completed by 5/24/2019. Designation of Expert Witnesses due by 3/15/2019 wi th any supplemental/rebuttal expert disclosures due by 4/18/2019. All expert discovery shall be completed by 5/24/2019. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 7/12/2019. (Kastilahn, A)
March 27, 2018 Opinion or Order Filing 123 ORDER signed by District Judge Kimberly J. Mueller on 3/26/18, DECLINING the Stipulation 108 between Rite Aid Corporation and the State of California. A scheduling order will issue shortly, as will an order on the pending motions to dismiss. (Kastilahn, A)
February 22, 2018 Opinion or Order Filing 111 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/21/18: The page limit for California's memorandum of points and authorities in opposition to Rite Aid's Consolidated Motion to Dismiss shall not exceed 26 pages, and Rite Aid may file, at its option, either a reply to California's opposition not in excess of 13 pages, or a consolidated reply to Relator's and California's opposition memoranda not in excess of 18 pages. (Kaminski, H)
February 8, 2018 Opinion or Order Filing 109 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 02/07/18. (Benson, A.)
January 18, 2018 Opinion or Order 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)
November 29, 2017 Opinion or Order Filing 94 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/29/17 ORDERING that Defendant shall file a Consolidated Motion to Dismiss both the State of California's Complaint and Loyd F. Schmuckley's First Amended Complaint on 01/19/18. Plaintiffs State of California and Loyd F. Schmuckley may file separate oppositions to the Consolidated Motion, and Defendant may file separate replies. (Benson, A.)
September 26, 2017 Opinion or Order Filing 76 ORDER signed by District Judge Kimberly J. Mueller on 09/26/17 UNSEALING CASE pursuant to 72 Order. Case unsealed. (Benson, A.)
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Search for this case: Schmuckley et al v. Rite Aid Corporation
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Plaintiff: Loyd F. Schmuckley, Jr.
Represented By: Michael L. Armitage
Represented By: Anne N. Izzo, PHV
Represented By: Loren Jacobson, PHV
Represented By: Wm. Paul Lawrence, II
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Intervenor_plaintiff: United States of America
Represented By: Catherine J. Swann
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Intervenor_plaintiff: State of California
Represented By: Vincent DiCarlo
Represented By: Emmanuel Ramon Salazar
Represented By: Bernice Ling Louie Yew
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Intervenor_plaintiff: State of Massachusetts
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Intervenor_plaintiff: District of Columbia
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Defendant: Rite Aid Corporation
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