Shuey, et al. v. Schwab, et al.

Here's a practice note for all of you attorneys out there:

STOP USING THE "MY SPAM FOLDER ATE THE COURT'S NOTICE" DEFENSE!

Seriously. Don't do it. It's a dog of a strategy. Keep your deadlines, and don't blame your spam filter for your failure to do so.

This case is interesting because the attorneys involved are actually appealing the failure of the judge to accept their hungry spam folder defense to the 3rd Circuit Court of Appeals.

These are selected files related to the dismissal and appeal from this case.

Motion for Reconsideration

Here is the Motion for Reconsideration and its accompanying Memorandum in Support.

Attachment	Date	Size
MotReconsideration.pdf	01/07/09 1:22 pm	160.73 KB
MotReconsiderationMemo.pdf	01/07/09 1:23 pm	114.2 KB

Reply to Motion for Reconsideration

Here is the reply brief opposing the Motion to Reconsider. It's got the winning argument that goes along the lines of "If you had done what you were supposed to have in a timely manner then the Court wouldn't have needed to send the notice that got eaten by your spam folder."

Attachment	Date	Size
MotReconsiderationReply.pdf	01/07/09 1:24 pm	34.33 KB

Order on Motion for Reconsideration

Here is the Court's order denying the motion to reconsider its order to dismiss. It reiterates that all they did was complain about why they missed the Court's order to respond, but not explain why they missed the original deadline set by Local Rule.

Attachment	Date	Size
MotReconsiderationOrder.pdf	01/07/09 1:28 pm	34.86 KB

Appeal

Here are relevant documents from the appeal of this case.

Brief Statement of the Case

Here is the concise statement of the issues that Ms. Shuey's attorneys are asking the 3rd Circuit to decide.

Attachment	Date	Size
AppealCaseStatement.pdf	01/07/09 1:32 pm	364.53 KB