REPLY MEMORANDUM IN SUPPORT OF RELATORS' MOTION to Exclude Testimony Pursuant to Fed.R.Civ.P. 37(c)(1) by Relators Tracy Schutte, and Michael Yarberry. (GL, ilcd)
RESPONSE to Motion re 250 MOTION Leave to Take Video Testimony of Relators' Expert, John Bertko, De Bene Esse to Preserve Trial Testimony filed by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. (Robinson, Frederick)
MOTION Leave to Take Video Testimony of Relators' Expert, John Bertko, De Bene Esse to Preserve Trial Testimony by relator Tracy Schutte. Responses due by 8/31/2018 (Attachments: # 1 Exhibit A, Bertko Declaration, # 2 Exhibit B, August 13-16, 2018 emails between counsel, # 3 Exhibit C, Notice of De Bene Esse Deposition, # 4 Text of Proposed Order Proposed Order)(Martins, Paul)
REPLY IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO MEDICARE PART D, TRICARE, AND FEP CLAIMS to Response to Motion re 175 MOTION for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims filed by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(GL, ilcd)
TEXT ORDER: For good cause shown, the Relators' Motion for leave to file exhibits under seal 206 is GRANTED. The exhibits 207 have been filed and shall remain under seal. The Defendants' motion for leave to file a reply brief in excess of the local rule's page limitations 214 is GRANTED, in part. The Court will not consider any new arguments that were not part of the Defendants' initial summary judgment motion or contained in the Relators' response. The Clerk shall docket and file the reply [214-1] and attached exhibits [214-2], [214-3]. For good cause shown, the Defendants' Motion for leave to file documents under seal 216 is GRANTED. The documents 217 which are Exhibits 1 and 3 of a reply brief 215 have been filed and shall be maintained under seal. For good cause shown, the Relators' motion for leave to file exhibits under seal 220 is GRANTED. Exhibit BB 221 which is referenced in a reply brief 219 has been filed and shall be maintained under seal. The Relators' motion for leave to correct Docket Entries [196-7] and [196-9] as exhibits to Relators' response in opposition to Defendants' motion for partial summary judgment as to Medicaid 227 is GRANTED. The supplemental declaration of Athos Alexandrou [227-1] shall replace Docket Entry [196-7], Exhibit H-5. The supplemental declaration of Bretta Grinsteinner [227-2] shall replace Docket Entry [196-9], Exhibit H-7. The Relators' motion for leave to correct Docket Entries [169-5] and [169-8] as exhibits to Relators' second motion for partial judgment relating to false claims submitted by Defendants to Medco Health Solutions 230 is GRANTED. The expert report of Michael S. Jacobs [230-1] shall replace Docket Entry [169-5], Exhibit A-5. The Defendants' supplemental and amended answers to Relators' first set of interrogatories [230-2] shall replace Docket Entry [169-8], Exhibit G, as Corrected Exhibit F. Entered by Judge Richard Mills on 7/16/2018. (GL, ilcd)
MOTION for Leave to File Reply Memo in support of Relators' Motion to Exclude Testimony Pursuant to Fed. R. Civ. P. 37(c)(1) [d/e 209] by relator Tracy Schutte. Responses due by 7/27/2018 (Attachments: # 1 Reply Memo in Support of Relators' Motion to Exclude Testimony Pursuant to Fed. R. Civ. P. 37(c)(1))(Martins, Paul)
MOTION for Leave to File Reply in Support of Their Motion for Sanctions by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 7/26/2018 (Attachments: # 1 Exhibit Relators' Reply, # 2 Exhibit 1 to Relators' Reply Memorandum, # 3 Text of Proposed Order)(Riklin, Rand)
MOTION for Extension of Time to File Response/Reply as to 232 MOTION in Limine to Exclude the Proffered Testimony of Defendants' Experts by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. Responses due by 7/26/2018 (Schmadeke, Charles)
OPINION: The Defendants' Motion for Limited Sanctions for Spoliation of Evidence [d/e 92 ] is DENIED.(SEE WRITTEN OPINION.) Entered by Judge Richard Mills on 7/12/2018. (GL, ilcd)
MOTION to Strike Motion to Withdrawal as Counsel by Defendant Supervalu Inc. Responses due by 7/24/2018 (Attachments: # 1 Supplement Motion to Withdrawal as Counsel)(Walsh, Timothy)
MOTION for Leave to File Reply in Support of Motion for Leave to File Reply in Excess of Local Rule Limitations (Dkt. 214) by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. Responses due by 7/23/2018 (Attachments: # 1 Reply)(Robinson, Frederick)
DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO EXCLUDE THE EXPERT TESTIMONY OF MR. IAN DEW by AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc re 177 MOTION To Exclude Expert Testimony of Mr. Ian Dew. (GL, ilcd)
OPINION: The Defendants' Objections to the United States Magistrate Judge's Opinion and Order denying the Defendants' Motion to Compel (d/e 155 ) are DENIED. The Court declines to modify or set aside the United States Magistrate Judge's Opinion and Order (d/e 143 ) denying the Defendants' Motion to Compel Relators Answer to Defendants' Interrogatory No. 15 (d/e 123 ). (SEE WRITTEN OPINION.) Entered by Judge Richard Mills on 6/28/2018. (GL, ilcd)
MOTION to Amend/Correct 169 Second MOTION for Summary Judgment Partial exhibits A-5 and G by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 7/12/2018 (Attachments: # 1 Exhibit A-5 CORRECTED, # 2 Exhibit F CORRECTED)(Keller, John)
RESPONSE to Motion re 214 MOTION for Leave to File Reply with Excess Pages and Proposed Reply in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims (Dkt. 175) filed by Relator parties Tracy Schutte, Michael Yarberry. (Tate, James)
MOTION to Amend/Correct 196 Response to Motion,,,, Exhibits H-5 and H-7 by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 7/10/2018 (Attachments: # 1 Exhibit CORRECTED H-5, # 2 Exhibit CORECTED H-7)(Keller, John)
ORDER: The Defendants' motion for leave to file a reply in support of their motion for limited sanctions for spoliation of evidence (d/e 96 ) is GRANTED. The Relators' motion for leave to file an exhibit under seal (d/e 162 ) is GRANTED. The Relators' first motion for leave to file exhibits under seal in connection with their first motion for summary judgment (d/e 165 ) is GRANTED. The Relators' motion for leave to file exhibits under seal in connection with their second motion for partial summary judgment (d/e 170 ) is GRANTED. The Defendants' motion for leave to file a memorandum in excess of local rules page limitations in support of their motion for partial summary judgment as to Medicaid claims (d/e 172 ) is GRANTED. The Defendants' motion for leave to file documents under seal (d/e 173 ) is GRANTED. The Defendants' motion for leave to file a memorandum in excess of local page rule limitations in support of their motion for partial summary judgment as to Medicare Part D, Tricare and FEP claims (d/e 176 ) is GRANTED. The Defendants' motion for leave to file documents under seal in connection with their motions to exclude expert testimony (d/e 181 ) is GRANTED. The Relators' motion for leave to file exhibits under seal in connection with their response to their motion to exclude expert testimony (d/e 189 ) is GRANTED. The Relators' motion for leave to file exhibits under seal in connection with their response to Defendants' motion for partial summary judgment as to Medicare Part D, Tricare and FEP Claims (d/e 192 ) is GRANTED. The Relators' motion for leave to file exhibits under seal in connection with their response to Defendants' motion for partial summary judgment as to Medicaid claims (d/e 197 ) is GRANTED.(SEE WRITTEN ORDER.) Entered by Judge Richard Mills on 6/25/2018. (GL, ilcd)
REPLY to Response to Motion re 164 First MOTION for Partial Summary Judgment filed by Relator parties Tracy Schutte, Michael Yarberry. (Attachments: # 1 Appendix Cumulative Exhibit List, # 2 Exhibit AA)(Tate, James)
MEMORANDUM in Support re 212 MOTION to Strike 195 Memorandum in Opposition to Motion/Petition,,, 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP re Motion to Exclude Testimony from California Class Action pursuant to Fed. R. Civ. P. 37(c)(1) filed by relator Tracy Schutte. (Attachments: # 1 Exhibit A, 5/13/2016 FRCP 26(a) Initial Disclosure, # 2 Exhibit B, 12/16/2016 FRCP 26(a) Disclosure, # 3 Exhibit C, 1/4/2018 Supp. FRCP 26(a) Disclosure, # 4 Exhibit D, 3/26/2018 Amended FRCP 26(a) Disclosure, # 5 Exhibit E, Defendants' Response to Interrogatory 1, # 6 Exhibit F, Defendants' Supp. & Amended Answer to Interrogatory 1)(Martins, Paul)
MOTION to Strike 195 Memorandum in Opposition to Motion/Petition,,, 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims re Motion to Exclude Testimony from California Class Action pursuant to Fed. R. Civ. P. 37(c)(1) by relator Tracy Schutte. Responses due by 7/9/2018 (Attachments: # 1 Text of Proposed Order)(Martins, Paul)
ORDER: The Defendant's Motion to Modify Scheduling Order [d/e 202 ] is ALLOWED. The final pretrial conference is continued from July 23, 2018 at 2:00 p.m., to September 27, 2018 at 2:00 p.m. All motions in limine to be filed on or before fifteen (15) days prior to the final pretrial conference. (See Local Rule 16.1Pre-Trial Procedures). The jury trial set for August 7, 2018 at 10:00 a.m., is continued and reset for October 2, 2018 at 10:00 a.m. (SEE WRITTEN ORDER.) Entered by Judge Richard Mills on 6/25/2018. (GL, ilcd)
MEMORANDUM in Support re 209 MOTION to Strike 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims Motion to Strike Declarations of Davi filed by relator Tracy Schutte. (Attachments: # 1 Exhibit A, 5/13/2016 FRCP 26(a) Initial Disclosure, # 2 Exhibit B, 12/16/2016 FRCP 26(a) Disclosure, # 3 Exhibit C, 1/4/2018 Supp. FRCP 26(a) Disclosure, # 4 Exhibit D, 3/26/2018 Amended FRCP 26(a) Disclosure, # 5 Exhibit E, Defendants' Response to Interrogatory 1, # 6 Exhibit F, Defendants' Supp. & Amended Answer to Interrogatory 1, # 7 Exhibit G, Defendants' Response to Document Requests 16, 25-29)(Martins, Paul)
MOTION to Strike 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims Motion to Strike Declarations of David Baker, Brian Swett, Amber Compton, and Robert Burge by relator Tracy Schutte. Responses due by 7/6/2018 (Attachments: # 1 Text of Proposed Order)(Martins, Paul)
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 7/5/2018 (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
MOTION for Sanctions by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 7/5/2018 (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
RESPONSE to Motion re 202 MOTION to Amend/Correct SCHEDULING ORDER BASED ON JUNE 13, 2018 STATUS CONFERENCE filed by relator Tracy Schutte. (Martins, Paul)
+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit X to (d/e 191-1), # 2 Exhibit Y to (d/e 191-1), # 3 Exhibit Z to (d/e 191-1))(Tate, James) (Entered: 06/12/2018)
MOTION to Seal Confidential Exhibits to (d/e 191-1) & (d/e 199) by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 6/26/2018 (Tate, James) (Entered: 06/12/2018)
MOTION for Leave to File Document Under Seal re d/e 196 by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 6/25/2018 (Keller, John)
RESPONSE to Motion re 172 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicaid Claims, 168 MOTION for Partial Summary Judgment as to Medicaid Claims filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Attachments: # 1 Exhibit Index, # 2 Exhibit G, # 3 Exhibit H-1, # 4 Exhibit H-2, # 5 Exhibit H-3, # 6 Exhibit H-4, # 7 Exhibit H-5, # 8 Exhibit H-6, # 9 Exhibit H-7, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Keller, John) (Attachment 7 replaced on 7/16/2018) (GL, ilcd). (Attachment 9 replaced on 7/16/2018) (GL, ilcd).
RESPONSE to Motion re 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims, 175 MOTION for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims filed by Relator parties Tracy Schutte, Michael Yarberry. (Attachments: # 1 Relators' Response In Opp. To Defs MSJ as to Medicare Part D, Tricare, & FEP Claims, # 2 Exhibit Index, # 3 Exhibit M, # 4 Exhibit D-9, # 5 Exhibit D-10, # 6 Exhibit D-11, # 7 Exhibit D-12, # 8 Exhibit D-13, # 9 Exhibit R, # 10 Exhibit S, # 11 Exhibit P.E. 127)(Tate, James)
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 6/18/2018 (Keller, John)
RESPONSE to Motion re 177 MOTION To Exclude Expert Testimony of Mr. Ian Dew filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Keller, John)
RESPONSE to Motion re 176 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicare Part D, TRICARE, and FEP Claims, 172 MOTION for Leave to File Memorandum with Excess Pages and Proposed Memorandum in Support of Motion for Partial Summary Judgment as to Medicaid Claims filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Keller, John)
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for Determination of Privilege and Inadvertent Production 146 is ALLOWED in part and DENIED in part. See written order. (LB, ilcd)
MEMORANDUM in Opposition re 154 MOTION for Partial Summary Judgment and Memoranum of Law in Support of Motion to Strike Defendants' Ninth, Tenth, Eleventh, and Fourteenth Defenses, 153 MOTION to Strike Defendants' Ninth, Tenth, Eleventh & Fourteenth Defenses by AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. (Robinson, Frederick)
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 6/4/2018 (Keller, John)
Second MOTION for Summary Judgment Partial by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 6/11/2018 (Attachments: # 1 Exhibit A-1, # 2 Exhibit A_2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit B, # 7 Exhibit D, # 8 Exhibit F, # 9 Exhibit I, # 10 Exhibit J-1, # 11 Exhibit J-2, # 12 Exhibit J-3, # 13 Exhibit J-4, # 14 Exhibit J-5, # 15 Exhibit J-6, # 16 Exhibit J-7, # 17 Exhibit J-8, # 18 Exhibit J-9, # 19 Exhibit K)(Keller, John) (Attachment 5 replaced on 7/16/2018) (GL, ilcd). (Attachment 8 replaced on 7/16/2018) (GL, ilcd).
First MOTION for Leave to File Document Under Seal (Sealed Exhibits to d/e 164, Relators' First Motion for Partial Summary Judgment) by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 6/4/2018 (Tate, James)
MOTION for Leave to File Document Under Seal re Relators' Opp to MTC INT 15 Objection by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 6/1/2018 (Keller, John)
Response by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry re 155 Objection,,, 156 Memorandum,, in Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K)(Keller, John)
STIPULATION of Dismissal by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Keller, John)
MOTION for Leave to File Exhibits Under Seal and Memorandum in Support by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 5/24/2018 (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
RESPONSE to Motion re 146 MOTION Determination of Privilege and Inadvertent Production filed by Relator parties Tracy Schutte, Michael Yarberry. (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
MOTION for Partial Summary Judgment and Memoranum of Law in Support of Motion to Strike Defendants' Ninth, Tenth, Eleventh, and Fourteenth Defenses by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 5/25/2018 (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
MOTION to Strike Defendants' Ninth, Tenth, Eleventh & Fourteenth Defenses by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 5/18/2018 (Attachments: # 1 Text of Proposed Order)(Riklin, Rand)
AMENDED DOCUMENT by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. Amendment to 150 Stipulation,, Regarding 30(B)(6) Deposition Topics. (Keller, John)
RESPONSE to Motion re 135 MOTION to Continue Dates Set in Scheduling Order filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keller, John)
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Relators Tracy Schutte and Michael Yarberry's Motion to Compel Production of Expert Compensation Documents 126 is ALLOWED in part. Defendants are directed to produce to Relators by May 15, 2018, the documents sought by Request 51. Relators are directed to produce to Supervalu by May 15, 2018, the comparable documentation for its expert witnesses Bertko and Dr. Schafermeyer. See written order. (LB, ilcd)
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion to Compel Relators to Answer Defendants' Interrogatory No. 15 123 is DENIED. See written order. (LB, ilcd)
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion For a Protective Order as to Relators' Rule 30(B)(6) Deposition Notice 121 is DENIED. See written order. (LB, ilcd)
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Relators Tracy Schutte and Michael Yarberry's Motion to Compel 109 is ALLOWED in part and DENIED in part. See written order. All documents ordered to be produced in this Opinion shall be produced by Defendants by May 31, 2018. (LB, ilcd)
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 5/4/2018 (Keller, John)
RESPONSE to Motion re 128 MOTION for Protective Order as to Relators' Notice of Deposition of Christopher Basler filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Keller, John)
RESPONSE to Motion re 121 MOTION for Protective Order filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Keller, John)
MEMORANDUM In Support of Relators' re 131 MOTION to Strike Declaration of Michael Viirre by Tracy Schutte. (Attachments: # 1 Exhibit A, Viirre Declaration, # 2 Exhibit B, Coleman 4/6/2018 email attaching Robinson 4/6/2018 letter, # 3 Exhibit C, 7/24/2015 St. Paul Business Journal Article)(Martins, Paul)
MOTION to Strike Declaration of Michael Viirre by relator Tracy Schutte. Responses due by 4/25/2018 (Attachments: # 1 Text of Proposed Order)(Martins, Paul)
MOTION for Protective Order as to Relators' Notice of Deposition of Christopher Basler by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. Responses due by 4/20/2018 (Attachments: # 1 Text of Proposed Order)(Robinson, Frederick)
MEMORANDUM In Support of Relators' re 126 MOTION to Compel Production of Expert Compensation Documents by Tracy Schutte. (Attachments: # 1 Exhibit A, Relators' Document Request 51, # 2 Exhibit B, Defendants' Response to Document Request 51, # 3 Exhibit C, Excerpt of Norwalk Report, # 4 Exhibit D, Excerpt of Jacobs Report, # 5 Exhibit E, Excerpt of Gorospe Report, # 6 Exhibit F, Excerpt of Smith Report, # 7 Exhibit G, Smith 3/27/2018 Depo Excerpt, # 8 Exhibit H, Emails between Counsel)(Martins, Paul)
MOTION to Compel Production of Expert Compensation Documents by relator Tracy Schutte. Responses due by 4/19/2018 (Attachments: # 1 Text of Proposed Order Proposed Order)(Martins, Paul)
RELATORS' REPLY in Support of Their Motion to Compel Discovery Responses filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (GL, ilcd)
MEMORANDUM in support of MOTION for Protective Order by Defendants AB Acquisition LLC, Acme Markets, Inc., Acme Sav-On Pharmacy, Albertson's, LLC, Albertsons Osco Pharmacy, Albertsons Sav-On Pharmacy, American Drug Stores, LLC, Biggs Pharmacy, Cub Pharmacy, FF Acquisitions, LLC, Farm Fresh Pharmacy, Foodarama LLC, Jewel Food Stores, Inc., Jewel Osco Southwest LLC, Jewel Pharmacy, Jewel-Osco Pharmacy, New Albertson's, Inc., Shaw's Supermarket, Inc., Shaws Osco Pharmacy, Shop N Save Osco Pharmacy, Shop N Save Pharmacy, Shoppers Food Warehouse Corp., Shoppers Pharmacy, Star Market Company, Inc., Star Osco Pharmacy, SuperValu Holdings, Inc., SuperValu Pharmacies, Inc., Supervalu Inc. Responses due by 4/13/2018 (Attachments: # 1 Memorandum, # 2 Exhibit 1 of Memorandum, # 3 Exhibit 2 of Memorandum, # 4 Text of Proposed Order)(Robinson, Frederick) Memorandum filed as Motion in error per Chambers correct title--Modified on 4/2/2018 (DM, ilcd).
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 4/13/2018 (Keller, John)
MOTION for Leave to File Reply in Support of Motion to Compel by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 4/13/2018 (Attachments: # 1 Reply, # 2 Proposed Order)(Keller, John)
MOTION for Leave to File Document Under Seal by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 3/28/2018 (Keller, John)
MEMORANDUM in Support re 109 MOTION to Compel by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit P, # 5 Exhibit Exhibit Q, # 6 Exhibit Exhibit R, # 7 Exhibit Exhibit S)(Keller, John)
MOTION to Compel by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of Rhode Island, State of Wisconsin, United States of America. Responses due by 3/28/2018 (Attachments: # 1 Text of Proposed Order)(Keller, John)
MOTION for Leave to File Document Under Seal Exhibits B-E by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. Responses due by 3/6/2018 (Keller, John)
Exhibit re 98 Response to Motion,, Exhibit A-4 by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Keller, John)
Exhibit re 98 Response to Motion,, Exhibit A-3 by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Keller, John)
Exhibit re 98 Response to Motion,, Exhibit A-2 by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Keller, John)
Exhibit re 98 Response to Motion,, Exhibit A-1 by Tracy Schutte, State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America, Michael Yarberry. (Keller, John)
RESPONSE to Motion re 97 MOTION to Continue Expert Deadlines and to Modify Scheduling Order filed by Relator parties Tracy Schutte, Michael Yarberry, Plaintiffs State of California, State of Delaware, State of Illinois, State of Indiana, State of Maryland, State of Massachusetts, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of North Carolina, State of Rhode Island, State of Virginia, State of Wisconsin, United States of America. (Keller, John)
MEMORANDUM in Opposition re 92 MOTION for Sanctions for Spoliation of Evidence and Memorandum In Support filed by Relator parties Tracy Schutte, Michael Yarberry. (Attachments: # 1 Exhibit 1)(Tate, James)
SCHEDULING ORDER: Motion to Continue 89 is GRANTED; Plaintiff's Expert(s) Disclosure due by 2/2/2018; Defendant's Expert(s) Disclosure due by 2/23/2018; Rebuttal expert(s) due by 3/9/2018; Depositions of expert witnesses must be taken by 3/23/2018; Discovery due by 4/6/2018; Dispositive Motions due by 5/7/2018. Status Conference set for 4/18/2018 at 10:00 AM by telephone from Springfield (court will place call) before Magistrate Judge Tom Schanzle-Haskins. Final Pretrial Conference set for 7/23/2018 at 02:00 PM in Courtroom 2 in Springfield before Judge Richard Mills. Jury Trial set for 8/7/2018 at 10:00 AM in Courtroom 2 in Springfield before Judge Richard Mills. SEE WRITTEN SCHEDULING ORDER. Entered by Judge Richard Mills on 10/06/2017. (SKN, ilcd)
CERTIFICATE of Service/Counsel re 89 Joint MOTION to Continue Trial Date and Amend Litigation Schedule by John Timothy Keller on behalf of Tracy Schutte, Michael Yarberry (Keller, John) (Entered: 10/04/2017)
Joint MOTION to Continue Trial Date and Amend Litigation Schedule by Relator parties Tracy Schutte, Michael Yarberry. Responses due by 10/17/2017 (Keller, John) (Entered: 10/03/2017)
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