Court Excuses Attorney's Failure to Read Order Linked to NEF
Recognizing that "some attorneys have been having problems understanding the new electronic case filing system," District Judge Dale A. Kimball re-scheduled a case after counsel failed to comply with an order which he did not read. Counsel admitted he received a Notice of Electronic Filing (NEF) that his motion for an extension of time was granted, but he believed that his motion was granted without restriction and that an order would come later in postal mail. He also said he tried "to obtain a copy of the order from the email notification" but was "unable to do so." (Docket no. 98)
Whatever the reason, counsel did not read the order which granted his motion to extend time, and therefore failed to comply with conditions set in the order. Judge Kimball recognized that counsel "could have been genuinely confused about whether an Order was attached to the e-mail notification of electronic filing. This court will give him the benefit of the doubt once." Judge Kimball re-scheduled the case (2:04-cv-01065) in his order, docket no. 125.
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