Schmuckley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, and the No. 2:12-cv-1699-KJM-EFB STATE OF CALIFORNIA, et al., ex rel LOYD F. SCHMUCKLEY, JR., ORDER Plaintiffs, v. RITE AID CORPORATION, Defendant. 17 In this qui tam action, Relator Lloyd F. Schmuckley, Jr. and the State of California (“plaintiffs”) move to strike defendant’s affirmative defenses under Federal Rule of Civil Procedure 12(f). Defendant opposes. For the below reasons, plaintiffs’ motion is GRANTED in part and DENIED in part. I. BACKGROUND Under the False Claims Act (FCA), a private individual can bring an action known as a qui tam action on behalf of the United States government against any individual or company who has knowingly presented a false or fraudulent claim to the government. United States ex rel. Anderson v. Northern Telecom, 52 F.3d 810, 812–13 (9th Cir. 1995). Here, relator Loyd F. Schmuckley alleges Rite Aid has submitted false claims for reimbursement in prescribing…