Judge Senter schedules Status Hearing, Motion filed to dismiss Lecky, State Farm “promotes” routine settlement conference as “significant event” – a Rigsby qui tam “catch all”

Judge Senter wants to talk – or listen or both – and has scheduled a Status Hearing in the Rigsby qui tam case.

NOTICE of HEARING: STATUS HEARING SET for 9/20/2010, 10:00 A.M., in Courtroom 506, Gulfport, MS, before District Judge L. T. Senter, Jr. All counsel to be present…(Docket entry: 9/03/10)

Be assured, there is no lack of topics.  In addition to the yet unanswered Motion to Reconsider dismissal of defendant Forensic (FAEC) filed by the USA, there is also a Motion to Dismiss defendant Lecky King on the table, along with a supporting Memorandum:

Alexis King (“Ms. King”) respectfully submits this memorandum in support of her motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(5) for failure to timely serve her with summons and complaint as required by Federal Rule of Civil Procedure 4(m).

SLABBED readers are likely to find the Relators’ Notice of Non-Opposition the most surprising aspect of King’s motion.  I know I did – at first.  However, after giving the matter more thought, I believe the lack of service was a strategic decision of the Relators’ “new counsel”.   Dismissing King personally as a defendant is certainly consistent with the Rigsbys’ Motion to Reconsider Scope of Proceedings in Light of Evidence Adduced in Discovery” – ask Court for additional time to conduct Discovery into “the Scheme”.

The history of attempts to serve King provides support for the Rigsbys’ non-opposition as a strategic decision.  The docket of the Rigsbys’ qui tam case documents the Relators original counsel made repeated attempts at service of process and King’s own motion provides back-up: Continue reading “Judge Senter schedules Status Hearing, Motion filed to dismiss Lecky, State Farm “promotes” routine settlement conference as “significant event” – a Rigsby qui tam “catch all””