« 'Bizarre conspiracy theory' shot down | Main | Wounded Green Beret sues 'mercenary' firm, one target escapes »

February 05, 2010

Lawyers, meet your deadlines

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.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451c64169e20120a8655d83970b

Listed below are links to weblogs that reference Lawyers, meet your deadlines:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

kay sieverding

"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.

borisjimbo

Professional malpractice. Oops.

The comments to this entry are closed.

ABOUT THIS BLOG

mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

Send a suggestion or news tip. Read Mike's stories at news.mcclatchydc.com.

Follow Mike on Twitter: @MichaelDoyle10

Enter your email address:

Delivered by FeedBurner

THIS MONTH

    Sun Mon Tue Wed Thu Fri Sat
          1 2 3 4
    5 6 7 8 9 10 11
    12 13 14 15 16 17 18
    19 20 21 22 23 24 25
    26 27 28 29