Litigation: Legal calendaring to the rescue when judge miscalculates deadline

Boutique litigation law firm Edison McDowell & Hetherington LLP (EMH) recently thought they had missed an important deadline when a US District Court Judge challenged a filing as untimely. As an Aderant client, EMH was able to quickly provide the court a detailed explanation of how the deadline was indeed met and that they were in compliance with court rules.
“When we first got the order to show cause, we were devastated,” said Raymond Tittmann, founding partner of EMH’s California office. “Missing a deadline by even a single day can cause irreversible prejudice.” Upon receiving the order to show cause, EMH immediately reached out to the team of rules support attorneys who thoroughly investigated the issue and provided a swift response verifying that the removal filing was submitted within the appropriate period. The rules support attorneys included specific excerpts from the relevant federal and state codes, which allowed EMH to expedite the response to the court. In this instance, the judge failed to take into consideration a holiday that was incorporated into the Aderant calculation. Once EMH presented this information to the judge, the order to show cause was vacated and EMH’s filing was deemed timely.
“We wouldn’t have been able to compile all this information on our own, or at least not timely,” expressed Tittmann. “Aderant’s team of support attorneys gave us a substantive and accurate response, which demonstrated to me their acute knowledge of the legal process. And their answer wasn’t generic—it was very specific to our particular situation. I felt like they were part of our team here at EMH, working together with us to overcome this obstacle as quickly as possible. Their assistance allowed us to not only protect our client’s interest but also improve our reputation with this particularly strict judge.”