Counsel failed to file a summary-judgment response because his notification of filing went to his email “spam” folder. The Fifth Circuit affirmed the denial of relief under Fed. R. Civ. P. 59(e):

“It is not ‘manifest error to deny relief when failure to file was within [Rollins’s] counsel’s ‘reasonable control.’  Notice of Home Depot’s motion for summary judgment was sent to the email address that Rollins’s counsel provided. Rule 5(b)(2)(E) provides for service ‘by filing [the pleading] with the court’s electronic-filing system’ and explains that ‘service is complete upon filing or sending.’ That rule was satisfied here. Rollins’s counsel was plainly in the best position to ensure that his own email was working properly—certainly more so than either the district court or Home Depot. Moreover, Rollins’s counsel could have checked the docket after the agreed deadline for dispositive motions had already passed.”

Rollins v. Home Depot USA, No. 20-50736 (Aug. 9, 2021).

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