Caught over at The Volokh Conspiracy, check out this wonderful example of judicial common sense:
FOR THE WESTERN DISTRICT OF WISCONSIN
HYPERPHRASE TECHNOLOGIES, LLC
and HYPERPHRASE INC.,
Pursuant to the modified scheduling order, the parties in this case had until June 25, 2003 to file summary judgment motions. Any electronic document may be e-filed until midnight on the due date. In a scandalous affront to this courts deadlines, Microsoft did not file its summary judgment motion until 12:04:27 a.m. on June 26, 2003, with some supporting documents trickling in as late as 1:11:15 a.m. I dont know this personally because I was home sleeping, but thats what the courts computer docketing system says, so Ill accept it as true.
Microsofts insouciance so flustered Hyperphrase that nine of its attorneys, namely Mark A. Cameli, Lynn M. Stathas, Andrew W. Earlandson, Raymond P. Niro, Paul K. Vickrey, Raymond P. Niro, Jr., Robert Greenspoon, Matthew G. McAndrews, and William W. Flachsbart, promptly filed a motion to strike the summary judgment motion as untimely. Counsel used bolded italics to make their point, a clear sign of grievous iniquity by ones foe. True, this court did enter an order on June 20, 2003 ordering the parties not to flyspeck each other, but how could such an order apply to a motion filed almost five minutes late? Microsofts temerity was nothing short of a frontal assault on the precept of punctuality so cherished by and vital to this court.
Wounded though this court may be by Microsofts four minute and twenty-seven second dereliction of duty, it will transcend the affront and forgive the tardiness. Indeed, to demonstrate the even-handedness of its magnanimity, the court will allow Hyperphrase on some future occasion in this case to e-file a motion four minutes and thirty seconds late, with supporting documents to follow up seventy-two minutes later.
Having spent more than that amount of time on Hyperphrases motion, it is now time to move on to the other Gordian problems confronting this court. Plaintiffs motion to strike is denied.
Entered this 1st day of July, 2003.
BY THE COURT:
STEPHEN L. CROCKER