Thursday, January 21, 2010

Judge Moreno Spanks Lawyer For Missing Deadlines

Order Denying Extension

Hey, what's the big deal, it was just a deadline to file a notice of appeal?

Let's see, first you lose the case.

Then you get hit with an order granting defendant $550k in attorney's fees plus another $80k in costs.

Then you blow the deadline to file the appeal.

Then you explain to Judge Moreno that you were really really busy, also on vacation, and your secretary miscalendared the appeal deadline anyways:
Attorney Matthew S. Gibbs set up his ECF account with the United States District Court for the Southern District of Florida with a copy of all filings to be forwarded to his paralegal, Susan Cavallone, for calendaring purposes.1 (See Declaration of Matthew S. Gibbs) Mr. Gibbs was out of the office between November 19 and 30, 2009 for two out of town court proceedings and a family vacation in Florida. (See Declaration of Matthew S. Gibbs) Due to an error by Ms. Cavallone, the deadline for filing the Notice of Appeal was miscalendared. (See Declaration of Susan Cavallone)

Mr. Gibbs realized the Notice had not been filed the afternoon of December 23 and immediately contacted opposing counsel regarding the missed deadline. Based on the Final Judgment issued on November 19, 2009, ECF Administrative Rule 3K(2), and FRAP 26(b)(2), the Notice of Appeal was due to be filed on or about December 21, 2009.
At this point Matthew is probably employing a few of the expletives recently laid out by Judge Marcus.

What do you think -- will Judge Moreno find this to be "excusable neglect"?

Don't let the door hit you....
Plaintiff's explanation that he was out of town for court proceedings and on a family vacation (Pl. Mot. 3) is not "excusable neglect."

Lastly, Plaintiff's cumulative effect of missing deadlines exhibits an absence of good faith. Plaintiff's practice of routinely missing deadlines throughout the litigation betrays Plaintiff's consistent disregard for these proceedings. Indeed, Plaintiff's habitual pattern and practice of missing deadlines throughout the three year long litigation is evidence of a lack of good faith.
I've never understood why lawyers wait until the final permissible day to take an action they know they will take a month or more earlier, yet it is almost always routinely done with no real consideration of whether waiting makes any sense or not.

Well, Matthew, at least now you have another order to appeal.

(Best to double check the calculation just to be safe.)

20 comments:

  1. Shumie Update- saw the great one tooling around town with what appeared to be a brand new, ultra tricked out convertible Mustang Shelby- the one with the super duper big engine. The ever present large stoogie in hand and the music flowing.

    Enjoying the good life.

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  2. Gibbs hiding in trunk?

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  3. I have been reading this blog for 2+ years and still don't know who shummie is or where this shummie business came from.

    Anyone wanna fill me in?

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  4. @3:23 - It's annoying.

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  5. Let me get this straight . . . the guy cites in his motion an Eleventh Circuit case that states that a one day deadline blow by a paralegal's miscalculation is excusable neglect but Moreno decides that a three day blow under the same facts is not?

    Anyone notice that the order this poor shlub was appealing was for getting dinged for about a million in attorneys' fees. One would venture a guess that Fred factored that little nugget into his calculus. Anybody with me?

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  6. "Conservative" justices gut campaign finance reform and you're writing about a motion for extension of time?

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  7. excepting corporations from expenditure limits is hardly "gutting" campaign finance reform. for profit corps will hardly ever take up the right to make those expenditures. don't stress over it. let's focus more on this extension of time!

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  8. Yesterday we were discussing clone films.

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  9. Wait , lemme guess: roberto , or some other "friend o fred", was the lawyer on the other side.

    I'm just sayin'.....

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  10. shumie is dead
    shumie time and all things related to shumie - dead.

    signed,
    official spokesperson for shumie

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  11. SCOTUS will soon give corporations the right to vote.

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  12. Bush Gore II.

    Judge Shepherd for SCOTUS!

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  13. too much shumie timeJanuary 21, 2010 at 9:55 PM

    This case is a great example on why a little too much Shumie time is not always a good thing. Too much vacation and time off.

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  14. 6:03-
    All Shumie cares about are P's & G's
    Imagine SHumie working at Micky D's.

    That's a joke cause he's never gonna be broke
    when Shumie dies it will be pleadings and cigar smoke.

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  15. John B. Thompson, J.D.
    5721 Riviera Drive
    Coral Gables, Florida 33146
    305-666-4366
    amendmentone@comcast.net

    January 22, 2010

    The Honorable William Newton Shepherd
    Florida Statewide Prosecutor
    1515 North Flagler Drive, Suite 900
    West Palm Beach, FL 33401 Fax 561-837-5107, william.shepherd@myfloridalegal.com

    The Honorable William McCollum
    Florida Attorney General
    400 S Monroe St Ste PL-01
    Tallahassee, Florida 32399-6536 Via Fax 850-410-1630

    Re: Statewide Grand Jury Impaneled by Florida Supreme Court on 12/2/09

    Dear Mr. Shepherd and Attorney General McCollum:

    A bit over three years ago, North Miami City Attorney Barry Kutun was convicted of having sex with a minor prostitute. Read all about it at http://www.justnews.com/news/9314146/detail.html.

    Mr. Kutun got a sweetheart deal from The Florida Bar and the Florida Supreme Court, as he is now on the cusp of being readmitted to the practice of law despite his felony convictions.

    This shocking case cuts to the core of how The Bar protects its in crowd even when it comes to sexual exploitation of minors, but goes after a person like me who blew the whistle on the commercial sexual exploitation of minors! Indeed, the Florida Supreme Court convicted me of allegedly falsely asserting that a corporate giant was distributing pornography to children. One month after my disbarment, the federal government entered into a Consent Decree which states that I, “Jack Thompson,” was vindicated in this.

    Whereas Kutun is to be reinstated, the Florida Supreme Court refuses even to address the patent fraud with which I was disbarred.

    This Kutun is just one reason why I and others be heard by the statewide grand jury as to the demonstrable and active corruption of state government by The Florida Bar.

    Regards, Jack Thompson

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  16. Moreno is completey out of control. He should be impeached. He is using the local Federal Marshall to intimidate lawyers. He is preventing lawyers from other jurisdictions from brining cell phones into the federal courthouse, but Florida lawyers can. This guy must think the Third Reich was misunderstood.

    Jack Thompson, so sue me, Fred

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  17. Blame Bancroft Davis-


    http://www.wisdc.org/blog/2009/10/old-glory-is-so-yesterday.html

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    ReplyDelete