Friday, September 29, 2023
Courthouse News Service
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9th Circuit

ATTORNEYS, SANCTIONS - Plaintiff's counsel missed a hearing because notice was sent only electronically and he failed to check his email. The 9th Circuit finds, "While failure to attend a scheduled hearing may justify the imposition of some sanction on the attorney and perhaps even the client, we doubt that the drastic remedy of dismissal could be justified by a single such event. Where the rules do not authorize service by email, counsel has no obligation to check his email on a regular basis for possible orders from the court. He is entitled to assume that orders will be served by mail." Calderon v. IBEW Local 47

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