Due to the nature of this Motion, Defendants are not submitting a separate memorandum of authorities.
That’s probably a good idea since the “nature of this Motion” is Eddie Haskell. The title alone grates: Defendants’ Joint Motion to Require All Parties to File their Previously Submitted Respective Post-Hearing Briefs in the Record.
At the direction of Judge Senter, the Rigsby sisters and the State Farm defendants submitted briefs directly to Judge Senter following the recent qui tam hearing and this motion seeks to have all parties post their briefs on the record because:
Regardless of the ultimate outcome of this Action at the trial court level, there likely will be an appeal by one or more Parties and “[u]nder this Circuit’s general rule, arguments not raised before the district court are waived and will not be considered on appeal unless the party can demonstrate ‘extraordinary circumstances.’”
Further, as a general proposition, the Fifth Circuit “is barred from considering filings outside the record on appeal….” Accordingly, it is especially important to all Parties’ respective ability to prosecute a potential appeal to have all post-hearing summary judgment briefs in the record.
Think chalk scratching a blackboard and read on: Continue reading “up their sleeve or in their briefs – State Farm comes up with another Eddie Haskell motion in Rigsby qui tam”