inadvertence, miscalendaring of the due date by his office, and a family emergency.
On May 22, 2001, over objection, the district court allowed the amended complaint to stand. The court stated that it was "troubled by plaintiff’s counsel's inability to comply with the court’s orders in a timely and professional manner," but would let the case proceed because of "the harshness of dismissal and the court's preference for determining cases on their merits." Aplt. App. doc. 15, at 101-02. The court issued the following warning:
[T]he court expects and directs plaintiff’s counsel to fully comply with all orders of the court and to comply with all applicable federal and local rules. Further instances of "inadvertently overlooking" court deadlines and similar requirements will be met with the utmost disapproval and possible sanctions, including, if appropriate, dismissal of this action.
Id. at 102. The court imposed no sanction except to order plaintiff to file a second amended complaint omitting Goodpasture and to pay Goodpasture's attorney fees for having to respond to the amended complaint. Plaintiff complied with the order.
On November 1, 2001, plaintiff's attorney failed to appear at a court-ordered status conference. Defense counsel did appear. The court dismissed the action, finding that plaintiff’s counsel had been given sufficient notice that the case would be dismissed for continued failure to comply with the
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