The United States of America ex rel. Benjamin J. Ashmore v. CGI GROUP
The United States of America ex rel. Benjamin J. Ashmore, Sr. v. CGI GROUP, INC. et.al.
- Ronnie Abrams
- 1:15-cv-04277
- U.S. District Court · Southern District of New York
- 2
In United States ex rel. Ashmore v. CGI Group, Judge Abrams extended the stay so Ashmore could obtain counsel before possible dismissal.
Benjamin J. Ashmore, Sr., whose case was given a final deadline to obtain legal counsel, and the defendants, whose requested dismissal was not granted in this order.
What happened
In The United States of America ex rel. Benjamin J. Ashmore, Sr. v. CGI GROUP, INC., et al., Ashmore’s lawyer withdrew, and the court previously paused the case for 60 days so he could find new counsel.
CGI Inc. and CGI Federal Inc. asked the court to dismiss the case without prejudice because a person may not pursue this type of False Claims Act case without a lawyer. Ashmore told the court he mistakenly believed the deadline was February 15, rather than February 8, 2020.
The court granted one final extension of the stay until March 11, 2020. Judge Ronnie Abrams stated that the case may be dismissed under Federal Rule of Civil Procedure 41(b) if new counsel did not appear by that date; the order itself did not dismiss the case.
The detailed version
- The United States of America ex rel. Benjamin J. Ashmore v. CGI GROUP · No. 1:15-cv-04277
- Ronnie Abrams
- Feb. 11, 2020
Background
On December 10, 2019, the court granted Ashmore’s counsel permission to withdraw and stayed, or paused, the proceedings for 60 days so Ashmore could find new counsel. The deadline expired on February 8, 2020.
CGI Inc. and CGI Federal Inc. sent the court a letter requesting dismissal without prejudice. They relied on the rule that a litigant may not pursue a False Claims Act case on behalf of the United States without legal representation and cited a Second Circuit decision affirming dismissal of a similar case brought by a person without a lawyer.
Ashmore sent a letter directly to the judge’s chambers stating that he mistakenly believed the stay would expire on February 15, 2020. The court reminded him that the court’s special rules prohibit direct communications with chambers. The court also provided information about seeking permission to file documents electronically and explained the requirements for requesting that documents be sealed.
Ruling
The court granted a final extension of the stay until March 11, 2020, to allow Ashmore to find new counsel. It stated that, if new counsel did not enter an appearance by that date, the action may be dismissed under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to prosecute or comply with court rules or a court order. The order did not dismiss the action or rule on CGI Inc. and CGI Federal Inc.’s dismissal request. Judge Ronnie Abrams directed the Clerk of Court to mail the order to Ashmore.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.