Rigsby et al v. State Farm Fire and Casualty Company et al

Filing 790

OPINION AND ORDER GRANTING 723 MOTION OF THE UNITED STATES OF AMERICA FOR RECONSIDERATION OF ORDER OF DISMISSAL 713 OF FORENSIC ANALYSIS AND ENGINEERING, INC. Signed by Senior Judge L. T. Senter, Jr, on 10/05/2010 (kbo)

Rigsby et al v. State Farm Fire and Casualty Company et al

Doc. 790

Case 1:06-cv-00433-LTS-RHW Document 790

Filed 10/05/10 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

UNITED STATES OF AMERICA EX REL. CORI RIGSBY and KERRI RIGSBY

RELATORS

V.

CIVIL ACTION NO.1:06CV433 LTS-RHW

STATE FARM INSURANCE COMPANY, ET AL.

DEFENDANTS

OPINION AND ORDER ON MOTION OF THE UNITED STATES OF AMERICA FOR RECONSIDERATION [723] OF ORDER OF DISMISSAL [713] OF FORENSIC ANALYSIS AND ENGINEERING, INC. The Court has before it the motion of the United States of America (USA) asking that I reconsider the merits of my order approving the settlement negotiated between Relators and Forensic Analysis and Engineering, Inc. (Forensic). For the reasons set out below, this motion will be granted. I will decline at this time to vacate my order of dismissal until I reach the merits of the USA's objection to this settlement. In its motion, the USA correctly points out that its consent is required for any dismissal of an action under The False Claims Act. At the time I approved the settlement in question, I did so based on my belief that the USA had no objection to the terms of the settlement. The USA's motion does not state any particular or specific objection to the terms of the settlement, but I find that the USA should be afforded an opportunity to make its objections known to the Court. Accordingly, it is hereby ORDERED That the motion [723] of the United States of America to reconsider the merits of the order of dismissal [713] entered on July 29, 2010, is hereby GRANTED; and That the United States of America shall have a period of twenty days within which to make known any objection it may have to the terms of the settlement at issue by the filing of appropriate pleadings; and

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Dockets.Justia.com

Case 1:06-cv-00433-LTS-RHW Document 790

Filed 10/05/10 Page 2 of 2

Since the United States of America is not a party to this action, I will allow the Relators and the other parties a period of ten days from the date the United States Files its pleadings to respond through pleadings addressing the issues raised by the United States. SO ORDERED this 5th day of October, 2010.

s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE

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