“The only reason for time is so everything doesn’t happen at once” – Rigsby qui tam, Renfroe v Rigsby, and Scruggs’ Appeal to 11th Circuit

If faced with the March calendar of the Rigsby sisters, even Einstein would surely have wondered if everything wasn’t happening at once (says Nowdy hopefully after struggling to post the third of these three events).

March 11:  Oral Argument 11th Circuit Court of Appeals

Appeal of Civil Contempt filed by Dick Scruggs re: Renfroe v Rigsby (Alabama)

March 12: Rigsby Qui Tam Response

Relators’ consolidated Response to the dispositive motions shall be due no later than 3/12/2009 Re: Text only Order granting Relators’ Motion to Extend Time to File Brief with NOTICE of Endorsement of Extension of Time Requested filed by State Farm.

March Hare: Renfroe v Rigsby Settlement (or not)

Because of these on-going settlement negotiations, the parties jointly request that this Court extend the deadlines for briefing set out in the Order dated January 28, 2009…and the Memorandum Opinion and Order dated February 9,2009…The parties seek to extend the deadlines stated in these two orders by two weeks to allow the parties to work out the details of settlement. (Joint Motion for Extension of Time)

Order dated January 28, 2009: Plaintiff shall file an affidavit or affidavits for the purpose of proving the attorneys’ fees it incurred as a result of defendants’ breach of contract.Any such affidavit or affidavits shall be filed by 4:30 p.m., February 13, 2009, together with any brief in support of plaintiff’s claims for damages. Thereafter, if defendants desire to respond, they shall do so by affidavit or affidavits and brief, including any evidentiary objections, filed by 4:30 p.m., February 27, 2009, after which plaintiff shall respond, if it desires to do so, within seven (7) calendar days.

Memorandum Opinion and Order dated February 9,2009. Plaintiff should not waste its time, or that of this court, undertaking to prove the amount of, or the reasonableness of, the attorneys’ fees it incurred in prosecuting this case. The court will be glad to provide a 28 U.S.C. § 1292(b) opportunity for plaintiff to undertake an interlocutory appeal if it makes such a request within seven (7) calendar days. The vehicle would be the deeming of defendants’ motion to strike damages as a motion for partial summary judgment.

Here’s how I read the calendar of deadlines based on the Order (1/09/09) and Opinion and Order (2/09/09) in light of the subsequent granting of the two-week extension requested in the Joint Motion:

  • February 27:  Due date for affidavit that “Plaintiff should not waste its time, or that of this court” submitting.
  • March 12:  Due date for Defendants response to affidavit Plantiff should not submit.
  • March 2: Deadline for Settlement or for Renfroe to file Interlocutory Appeal calculated by adding two weeks to the seven days from date of Order (February 9).
  • If this is a leap year, leap!

The Mad Hatter has the benediction:

No wonder you’re late.  Why, this watch is exactly two days slow.

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