Huggins v. Kratos Defense & Security Solutions, Inc.
Huggins v. Kratos Defense & Security Solutions, Inc.
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTONIO HUGGINS, et al., Case No. 18-cv-03976-JSC
8 Plaintiffs, ORDER TO SHOW CAUSE TO 9 v. PLAINTIFF
10 KRATOS DEFENSE & SECURITY SOLUTIONS, INC., et al., 11 Defendants.
12 13 14 Plaintiff Antonio Huggins filed this qui tam action under the False Claims Act,
31 U.S.C. § 153729-3733. The FCA imposes civil liability on any person who, among other things, “knowingly 16 presents ... a false or fraudulent claim for payment or approval” to the federal government. 31
17 U.S.C. § 3729(a)(1)(A). A private person, called a relator, may bring an FCA action “in the name 18 of the Government,” known as a qui tam action.
Id.§ 3730(b)(1). 19 On May 11, 2021, Plaintiff’s counsel moved to withdraw from the case, noting that 20 Plaintiff gave knowing and free assent to counsel’s withdrawal. (Dkt. No. 26.) The Court granted 21 the motion. (Dkt. No. 27.) As no new counsel has appeared on Mr. Huggins behalf, Mr. Huggins 22 is currently proceeding without representation by legal cousnel. However, a qui tam action may 23 not be brought by a plaintiff proceeding without being represented by an attorney. See Stoner v. 24 Santa Clara Cnty. Off. of Educ.,
502 F.3d 1116, 1126–27 (9th Cir. 2007) (holding that “[b]ecause 25 qui tam relators are not prosecuting only their own case but also representing the United States 26 and binding it to any adverse judgment the relators may obtain,” an unrepresented plaintiff may 27 not prosecute this claim under the False Claims Act). 1 False Claims Act action by August 19, 2021, that is, an attorney must make an appearance 2 on Plaintiff’s behalf by August 19, 2021. If no attorney authorized to practice in this District 3 makes an appearance by that date, the Court may prepare a report and recommendation 4 || recommending that a district judge dismiss his complaint. See Hucul v. California,
812 F. App’x 5626 (9th Cir. 2020) (holding that district court did not abuse its discretion by dismissing plaintiffs 6 || action after being warned that plaintiff could not pursue qui tam action without an 7 attorney). 8 9 IT IS SO ORDERED. 10 Dated: July 26, 2021 11 a 12 ne ACQUELINE SCOTT COR 13 United States Magistrate Judge © 15 16
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Reference
- Status
- Unknown