Federal judge sees late-night deadline issue as 'sad commentary' on lives of associates
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A federal judge in Ohio granted a 20-minute extension to lawyers who claimed “technical issues” interfered with their ability to make a midnight filing deadline, but not without comment on the tribulations of associate life.
In a June 10 order, U.S. District Judge Jack Zouhary of Toledo gave lawyers from the Florida firm Kenny Nachwalter the extra time they needed to file an opposition to summary judgment motions, though the request for extra time was filed at 12:02 a.m., just after the midnight deadline. Above the Law notes the order and its lesson on “associate abuse.”
Zouhary questioned the eleventh-house flurry of activity, given a deadline set long ago, then went on to comment on the way technology has affected associates’ lives.
“In the old days,” Zouhary wrote, “law firms employed ‘runners’ who would dash off to the courthouse just before the 5 p.m. closing to timely file a pleading. With electronic filing, the daily deadline has been extended from ‘regular business hours’ to evening hours.
“Lawyers are now literally ‘burning the midnight oil’ (ironically, a phrase developed in pre-electricity days when nighttime light was provided by oil lamps), and hit the send button with a sigh of relief. This is a sad commentary on the life of today’s law firm associates who would undoubtedly prefer to be elsewhere, even if dinner and a ride home are comped.”
