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Jack R.
Jack R., Attorney
Category: Business Law
Satisfied Customers: 6147
Experience:  Significant Company/HR Experience
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I was sued in civil district court (dallas texas). The Plaintiff

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I was sued in civil district court (dallas texas). The Plaintiff failed to attend a scheduling conference. The judge dismissed the case for failing to attend the conference. It has been abour a week and now the Plaintiff has filed a verified motion to reinstate, because they made an error and thought they had e-filed a Joint Status Report prior to the conference. What are the chances the case will be reinstated, and what should my next step be
Submitted: 7 years ago.
Category: Business Law
Expert:  Jack R. replied 7 years ago.

If the judge believes the excuse has merit and the reason for the missed filing was due to excusable neglect then he can reschedule the pretrial conference. Whether the judge will allow the case to proceed really depends on why the error was made. If the lawyer just made a mistake, it is likely the dismissal will stand.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 7 years ago.
the reason as quoted in the motion for reinstatement is "Plaintiff's counsel's office staff belived that it had e-filed the Joint Status Report prior to the scheduling conference, however there is no such record of electronic filling, and it cannot be determined whether the JSR was electronically submitted prior to the conference." on a side note I called the plaintiffs office on 2 occasions in reference to the confrence leaving voice mails, and no calls were returned, I have record of the calls made. dismissal stand or reversed?
Expert:  Jack R. replied 7 years ago.

In the end it is up to the judge, and in many cases the prior history with the attorney and the firm. The reason stated is unexcusable neglect by the plaintiffs, and the case should be dismissed. Unless the judge dismissed with prejuduice, all this ,means is the Plaintiff must refile.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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