Complicated yarn, this business involving Washington, D.C. Metropolitan Police Department Capt. Melvin Gresham. One easy lawyering lesson, though: file your paperwork on time.
Capt. Gresham has been the subject of news stories concerning his alleged accident with a D.C. Metro bus, and later his lawsuit claiming a Drug Enforcement Administration raid on a birthday party was retaliation for his whistleblowing activities. The veteran police officer sued, demanding $100 million and making many allegations of corrupt activities within the D.C. department.
Here's the lawyering lesson, as conveyed this week in a decision by U.S. District Judge Richardo Urbina.
The District of Columbia asked the judge on July 22, 2009 to dismiss all the claims. This was a standard maneuver, for which a standard response was expected. Gresham and his attorneys, though, failed to file a timely response. Well past the deadline, in October, Gresham's attorneys got around to filing documents.
Too late. As Judge Urbina noted:
"It is well settled that a plaintiff’s failure to respond to a motion to dismiss permits a court to grant the motion as conceded...(and) The plaintiffs have not offered any excuse for their failure to respond in a timely fashion, nor have they moved for leave to late-file an opposition."
Case dismissed.
"In re E. Scott Frison Jr. Bar No. 478092. July 22, 2008. Bar Counsel issued Frison an informal admonition for filing a frivolous action and engaging in conduct that seriously interfered with the administration of justice. Specifically, Frison sued a former client and successor counsel for defamation based on allegations in the former client’s letter to Bar Counsel. Rules 3.1(a) and 8.4(d)."
http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/december_2008/barcounsel.cfm
so perhaps it can be tolled for ineffective assistance by counsel.
One weird fact is that the on-line DC registration search requires a partial first name and won't accept "E." and the website license verification doesn't search on bar numbers either.
Posted by: kay sieverding | February 05, 2010 at 06:13 PM
Professional malpractice. Oops.
Posted by: borisjimbo | February 09, 2010 at 05:04 AM