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I always think of how this is going to look to the judge. Do you think the judge will be happy that you denied the request? It was technically timely if a bit sloppy. It's a crisis, courts are shut down and judges are slapping down silly disputes left and right in open court and ordering parties to appear after the crisis to explain their intransigence to the judge.
What if OC comes back later to say they were caring for sick family and just forgot? You're gonna look real bad. If it's not going to kill your case, might be better to just do then a favor and let them know it's a favor. Can never have too many favors owed!
..... seriously? I hope you are never my adversary.
I will always grant extensions unless abused or absolutely necessary to object. You never know when you may need one and an opposing counsel that likes you (or at least doesn’t dislike you) puts you in a much better position to do right by your client. Most importantly, decide the reputation you want to build and act accordingly because EVERYONE will eventually hear about “that douche at so and so firm that is a pain to work with”.
I can’t imagine a judge will want to see this in front of him/her, they are granting extensions left and right for everything. It may be in bad form to wait this long, but given the state of the world, grant the extension and forget about it. I wouldn’t even include a caveat or snarky remark.
We can all use a little kindness right now.
This happens all the time even outside of the current pandemic. I’ve never seen anyone actually oppose it and it would definitely look bad now.
I’ve noticed that several plaintiffs’ OCs have been struggling with remote work and technology issues. If it’s a smaller firm, I’d let it go.
I ordinarily grant extensions where reasonable but I feel this was in bad form. Am I off base?
You may not be off base that it was in bad form, but also - you may have to work with this OC in the future. Maybe during this time, cutting even OC a break is the best and most professional way to handle it. How do you want OC to treat you if you make a small mistake?
Also, if it's something you still want to address you can always agree but include a small message stating that your typical practice is to only do so prior to the date of filing or something along those lines
OC might have been scrambling to deal with family issues because of COVID-19 and is only just now getting back on track to file things. Don’t be a jerk. Grant the extension.
Also who knows what fresh hell their clients are putting them through.
All - thank you for the perspective, in the end I realized that the deadline had already expired and opposing counsel was actually seeking to extend the deadline when it had already lapsed. When I brought this up to opposing counsel it was clear she had known she blew the deadline and was trying to pull a fast one. while I appreciate the need to be considerate during this time sometimes people are still trying to take advantage of whatever situation they can.
If you didn’t even realize the deadline was blown it can’t be that important. You should agree to the extension.
Was always told to extend courtesies to opposing counsel. The one time I refused to adjourn an oral argument was when I heard opposing counsel tell a pro se litigant on another matter that she didn’t need to read the stipulation that he drafted prior to signing it. I had previously given opposing counsel 2 adjournments. In our case, I had moved to dismiss the case because opposing counsel knowingly commenced the action against a dead person, never told the court and tried to use the invalid litigation as a threat and bargaining tool. He never put in opposition papers.