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.
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.
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