Huggins v. Kratos Defense & Security Solutions, Inc.
- Phyllis Hamilton
- 4:18-cv-03976
- U.S. District Court · Northern District of California
- 2
In Huggins v. Kratos, Judge Corley ordered Antonio Huggins to obtain counsel for his False Claims Act case or face possible dismissal.
Antonio Huggins and his False Claims Act lawsuit; the order required him to obtain legal representation but did not itself dismiss the complaint.
What happened
Antonio Huggins filed Huggins v. Kratos Defense & Security Solutions, Inc., a lawsuit under the False Claims Act on behalf of the federal government. His lawyers later asked to withdraw, and the court granted that request.
No new lawyer had appeared for Huggins, so he was proceeding without legal representation. The court explained that a person cannot prosecute this type of False Claims Act lawsuit without an attorney because the person also represents the government.
Judge Jacqueline Scott Corley ordered that an authorized attorney appear for Huggins by August 19, 2021. If no attorney appeared by then, the court said it might prepare a recommendation that a district judge dismiss the complaint.
The detailed version
- Huggins v. Kratos Defense & Security Solutions, Inc. · No. 4:18-cv-03976
- Phyllis Hamilton
- July 26, 2021
Background
Antonio Huggins filed a qui tam lawsuit under the False Claims Act. In this kind of lawsuit, a private person, called a relator, brings a claim in the name of the federal government. The statute imposes civil liability for knowingly presenting a false or fraudulent claim for payment or approval to the federal government.
Huggins’s counsel moved to withdraw on May 11, 2021, stating that Huggins knowingly and freely agreed to the withdrawal. The court granted the motion. No new counsel had appeared, leaving Huggins without legal representation.
Court’s reasoning
The court relied on Ninth Circuit precedent holding that a qui tam relator may not prosecute a False Claims Act case without an attorney. The reason is that the relator is not pursuing only a personal claim; the relator also represents the United States and can bind it to an adverse judgment.
Order
The court ordered that an attorney authorized to practice in the Northern District of California appear on Huggins’s behalf by August 19, 2021. If no attorney appeared by that date, the court stated that it might prepare a report and recommendation advising a district judge to dismiss the complaint. The opinion did not itself dismiss the case.
The order was signed by Jacqueline Scott Corley, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.