Schmuckley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, and the No. 2:12-cv-01699-KJM-EFB STATE OF CALIFORNIA, et al., ex rel. LOYD F. SCHMUCKLEY, JR., ORDER Plaintiffs, v. RITE AID CORPORATION, Defendant. 17 STATE OF CALIFORNIA, ex rel. LOYD F.SCHMUCKLEY, JR., 19 Plaintiffs, v. RITE AID CORPORATION, 22 Defendant. 23 Three related motions are before the court. Defendant Rite Aid moves to exclude plaintiffs’ proposed sampling methodology, Sampling Mot., ECF No. 195, and also moves to exclude and strike allegedly untimely evidence and an expert opinion accompanying plaintiffs’ opposition to defendants’ motion to exclude, Def.’s Mot. Strike, ECF No. 208. Plaintiffs move to exclude portions of the expert report and testimony of Rite Aid’s expert Roy J. Epstein, Ph.D. Pls.’ Mot. Exclude, ECF No. 206. On July 15, 2019, the court heard oral argument on the motions. W. Paul Lawrence, Jennifer Bartlett and Brian Barrow appeared on behalf of relator Loyd Schmuckley;…