…If this case [Renfroe v Rigsby] goes to trial on this schedule with no amendment and no counterclaim, which would cover that, and this[Qui Tam] case reaches a conclusion by dispositive order and is entered, it will preclude anything —
Now, that’s just my’ free legal advice, because I can’t control what another judge does in another case. But I can give you some free legal advice on both sides, that the first one of those cases that gets to trial and resolves the question of who did what to whom as between the Rigsbys and Renfroe — Now, let me add this dimension…
…I predict that unless you, not I, because I can’t — I’m not calling the judge down in Mississippi and begging for him to transfer something to me. But if he, whoever it is, that’s got that case down there, the qui tam case, manages it or mismanages it, whatever, by the time that case is over, this case will have already been over. And this case will control the outcome of the retaliation claim down there one way or the other.
Yep, the mad-as-a-hatter Judge Acker really said that – and here’s more of what he said during the Status Conference on Renfroe v Rigsby he held on August 29, 2007
I can see why the Rigsbys did not file a counterclaim in my court…because the qui tam case was under seal…But what I can’t figure out is what to do about it…There is no way in the world that that’s not a compulsory counterclaim in this case…
I don’t know where…[the Qui Tam case]…is. Nobody has told me. All you’ve told me — I say you. Any of you all didn’t tell me. Somebody else told me. But I know, and I think I can take judicial knowledge of it that I just happened to find it out some way of a paper filed in the Eleventh Circuit in this case, respecting this case, some aspect of it, anyway, collateral though it may be…
…I know I said I wasn’t going to call the judge down there and beg to have it sent here, and I’m sure not going to call down there and beg him to take mine. I’m not going to do that either. Unless you all can do something about it and figure out what to do about it, I’m going to do nothing. I’m just telling you what the problem is. But the solution is going to have to be worked out by you and somebody else.
More about this and even more from our Rigsby’s Believe It or Not files will follow in a tag team series bellesouth, Sop and I are putting the finishing touches on when he gets back to the Coast tonight.
If you didn’t know Acker once held a hearing to decide if he should recuse himself from any case involving the USA – and I did not – you need to read about it here, stop here to read more and then come back later tonight as Sop launches the official kickoff .
a bellesouth/nowdy tag team post