Monday, October 28, 2013

What Should Happen When You Blow a Motion to Dismiss Deadline?



According to Judge Zloch, you get your case summarily dismissed.

According to the 11th Circuit, that's a tad harsh:
On January 6, 2012, Courtesy Boat Rentals & Yacht Charters (“Courtesy”) filed a motion to dismiss Boone’s complaint. Local Rule 7(1)(c) required Boone to respond to the motion by January 23, 2012. Boone failed to file his response until February 22, 2012. The case proceeded for over three months with the court referring the case to mediation, setting the date for a pre-trial conference, and providing trial instructions. Then, without warning, the court dismissed Boone’s action with prejudice because he failed to respond to the motion to dismiss within seventeen days as required by Local Rule 7(1)(C). Boone moved the court for relief from the judgment due to excusable neglect and explained that he had made a simple calendaring error. The court summarily denied Boone’s motion.
Cue the heartstrings, plebes:
Parties must meet deadlines in order to preserve the efficiency of our busy district courts. And yet, despite an abundance of care, mistakes will no doubt occur for “to err is human.” The drastic sanction of dismissing a case with prejudice is only proper where “there is a clear record of delay or willful contempt and a finding that lesser sanctions would not suffice.” Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (citation omitted).
I agree.  Yes you have to meet deadlines but meesteaks due happon.

12 comments:

  1. Some idiot law clerk being cute trying to reduce the docket.

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  2. That person will make a fine federal prosecutor in the SD Fla.

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  3. 30 miles of off road biking! I haven't been this sore since that night in the tent with those 3 Marines. The connection? Dockets aren't the only thing that gets blown.

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  4. Rulings like that confirm the choice I made all those decades ago to forgo civil law. There's nothing civil about it.

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  5. Why do The Gays always have to talk about their sexual escapades?

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  6. Zloch has a heart?

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  7. @10:27 Who said the Marines were guys? FYI, they were.

    Why is every Disney movie plot heterosexual indoctrination? Where is the one about the two princes who run off together and live happily ever after?

    Why is virtually every commercial and billboard and magazine ad heterosexual sexual innuendo?

    And my little remarks bother you? Maybe you just wish you were in that tent with the Marines too. We did have a really good time.

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  8. Gw, you are too sensitive.

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  9. Sensitive? Depleted uranium couldn't get through this armor. But I'm sticking up for the youngsters out there who get told to keep their heads down or they might get hurt.

    They are normal and welcome in this world.

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  10. I agree, but it doesn't mean I can't rip on you from time to time.

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  11. Dees honorable cort

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  12. It seems I keep coming back to your blog. Every posts seems interesting, witty and humorous in a way. Anyway, for the comment:

    Dismissal of the case without warning -- Isn't that a bit questionable in itself? Also, if Boone has an explainable (as you said) reason why he didn't meet the deadline.. Well, even teachers accept medical certificates as a legit reason to be absent, how come this court doesn't?

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