Trials & Litigation
Lawyer who missed deposition whereas viewing photo voltaic eclipse ought to pay $7,800 sanction, litigant says
The moon covers the solar because it creates a complete eclipse on Aug. 21, 2017, in Cerulean, Kentucky. (Photograph by Timothy D. Easley/The Related Press)
The extra value of viewing a complete photo voltaic eclipse in Arkansas may quantity to greater than $7,800 for a Florida lawyer who missed a deposition along with his consumer.
Lawyer Warren James Pearson of Tallahassee, Florida, mentioned he and his consumer missed the April 8 deposition in Tampa, Florida, as a result of e mail notices went to the unsuitable e mail folder, Law360 experiences.
However Pearson acknowledged that he was in Arkansas to see the photo voltaic eclipse when the opposing lawyer referred to as him about quarter-hour after the deposition begin time, in line with an April 10 motion for sanctions.
Now, Pearson’s authorized opponent is in search of $7,864 in charges and prices in response to an April 30 sanctions order by U.S. District Choose Kathryn Kimball Mizelle of the Center District of Florida.
Pearson is representing discrimination plaintiff Jovaughn Noel Smith Wade in a lawsuit in opposition to Auto Membership Companies Inc., which does enterprise as AAA.
The corporate is represented by Fisher & Phillips, which expenses an hourly price of $344 for the time of its companion dealing with the case, in line with the May 14 motion for lawyer charges and prices.
In her sanctions order, Mizelle declined to dismiss Wade’s case as a sanction, saying the missed deposition seems to be based mostly on negligence, moderately than willfulness.
Mizelle additionally mentioned Wade, via his lawyer Pearson, had “disregarded a number of orders and deadlines.”
As excuses for these failures, Mizelle mentioned, Pearson had cited employees shortages, e mail failures, sickness and “the long-planned and impossible-to-delay startup of a restoration building labor firm” for which he’s the principal shareholder.
These excuses will now not be acceptable, Mizelle mentioned. Pearson’s “sample of noncompliance isn’t unnoticed, and the courtroom is not going to proceed to immediate counsel to treatment missed deadlines.”
Pearson didn’t instantly reply to an ABA Journal e mail and cellphone message in search of remark.
