In Re United States Ex Rel. Drummond
Opinion
On October 3, 2017, relator Richard Drummond petitioned this Court for a writ of mandamus directing the United States District Court for the Southern District of Texas to resolve this False Claims Act case, which has been pending before District Judge Lynn N. Hughes for over nine years. Specifically, Drummond sought resolution of several motions which have been pending for years, specifically: (1) a motion for partial summary judgment (Dkt. # 96, filed on March 18, 2014), (2) a supplemental motion for summary judgment (Dkt. # 102, filed on April 25, 2014), and (3) a motion for partial summary judgment (Dkt. # 160, filed on May 20, 2016).
We requested Judge Hughes file a response to the petition with the Fifth Circuit's Clerk's Office. No response was ever received. Judge Hughes did file a response, however, on the district court's docket indicating that "[t]his case will come to an end-soon." Over two months later, on December 28, 2017, the district court issued an opinion and order (Dkts. ## 206, 207) resolving only one of the three motions: the latest motion for partial summary judgment (Dkt. # 160).
On March 12, 2018, we requested letter briefs from the parties addressing whether the petition had been mooted by the district court's December 28 order. The parties timely filed letters indicating that the two other motions identified in Drummond's petition had not been resolved and that the petition was "far from moot." Since the district court entered its December 28 order, no other orders of any kind have been entered, no hearings have been held, and no other update has issued.
Under the All Writs Act, "[t]he Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."
In this case, all three requirements are easily met. This case has been pending on the district court's docket for over nine years. Moreover, the two motions identified in the petition have been pending for approximately four years. We recognize that this is a complex matter and district court judges have broad discretion in managing their dockets.
Sims v. ANR Freight Sys., Inc.
,
The Supreme Court has recognized that "where a district court persistently and without reason refuses to adjudicate a case properly before it, the court of appeals may issue the writ 'in order that [it] may exercise the jurisdiction of review given by law.' "
Will v. Calvert Fire Ins. Co.
,
IT IS ORDERED that the petition for writ of mandamus is GRANTED. District Judge Lynn N. Hughes is ordered to hear and adjudicate the two pending motions for summary judgment (Dkts. ## 96 and 102) within thirty days.
Reference
- Full Case Name
- In RE: UNITED STATES of America, EX REL.; Richard DRUMMOND, Petitioner
- Cited By
- 19 cases
- Status
- Unpublished