It took two motions to dismiss all five counts against E.A. Renfroe in the Rigsby qui tam case. Apparently, dismissing Count V, allegations of retaliation against the whistle-blowers, does not require consent from the Department of Justice, unlike the Motion to Dismiss Counts I-IV:
Cori and Kerri Rigsby (the “Relators”), by and through their counsel, and, pursuant to Federal Rule of Civil Procedure 41(a)(2), move to voluntarily dismiss Counts I through IV of their Amended Complaint as to E.A. Renfroe & Company, Inc., Gene Renfroe, and Jana Renfroe (the “Renfroe Defendants”)…
The dismissal of these Counts against the Renfroe Defendants is in the best interests of justice and judicial economy. Specifically, Relators and the Renfroe Defendants have mutually agreed and request that (a) the Court, upon the United States’ consent, dismiss with prejudice as to Relators and without prejudice as to the United States all claims against the Renfroe Defendants under 31 U.S.C. § 3729(a), namely Counts I through IV of the Amended Complaint, and (b) the Court order that each party shall bear its own costs and attorneys’ fees.
Relators respectfully ask the Court to waive the requirement for a separate memorandum contained in Local Rule 7.2(d), as there are no other arguments or authorities to be set forth.
If granted by Judge Senter and agreed to by the Department of Justice, the dismissal of the Renfroes and their company sends the Rigsby qui tam forward in an even stronger position against the remaining Defendants:
25 more days until the hearing – and the Rigsby sisters are taking care of business.