by Richard W. Millar, Jr.

I am not a scientist, nor reasonably suspected to be one, so some of what I say about solar eclipses can be taken with a grain of lunar salt. Essentially, a solar eclipse occurs when the moon covers the sun. While solar eclipses happen relatively frequently, they can only be viewed from a small band of the earth so if you want to watch one from somewhere in the United States, it is not often that you will have that chance.

The most recent total eclipse that could be seen from America occurred on April 8, 2024. I missed it. I had attended a lecture about its coming with a showing of its projected path and pictures of prior eclipses. That was good enough for me. The next one will not be until March 30, 2033, so even if I were so inclined, I am unlikely to be around to see that either.

There are a group of people, in addition to scientists, who are sometimes referred to as “eclipse chasers,” who will travel to those places from which the eclipse is likely to be seen. Those in the lodging business along the likely view pathway have been known to raise room rates and minimum stays accordingly.

In any event, a lawyer named Warren Pearson of Tallahassee, Florida traveled to Arkansas to view the last eclipse. That by itself, would not be memorable, but for the fact that he was supposed to have been in Florida for a deposition of his client, which may make him a contender for the “most unusual excuse for missing a deposition” prize if such were available.

Jovaughn Noel Smith Wade sued the Auto Club Services, Inc. in the United States District Court in Tampa, Florida. After Mr. Wade and his lawyer, Mr. Pearson, failed to appear for a deposition noticed for April 8, 2024, defense counsel that morning telephoned Mr. Pearson who allegedly said “that he was in Arkansas to observe the solar eclipse and that Plaintiff would be unable to attend . . . the deposition.”

Unsurprisingly, the defendant was not amused by the solar eclipse excuse and made a motion for terminating sanctions or alternatively monetary sanctions of at least $7,800.

The Court Order’s opening sentence was to the point: “Plaintiff . . . through counsel, Mr. Warren Pearson—has repeatedly failed to comply with court orders and failed to attend his own deposition.”

Among the prior transgressions, the court’s laundry list of Mr. Pearson’s litigation conduct included an Order to Show Cause for failure to timely serve the complaint, failure to timely file disclosure statements, failing to file a mediation notice and “other discovery-related failures.” The court also listed his prior excuses: “staff shortages, email failures, illness,” and “the long planned and impossible delay startup of a restoration construction labor company wherein [he] is a principal shareholder” as well as “ongoing e-mail communication issues.”

Apparently, there were no prior solar eclipses during the earlier pendency of this action.

Saving the plaintiff, as opposed to his lawyer, the court declined to dismiss the action because the statute of limitations had expired and “counsel’s conduct amounts to ‘more a matter of negligence than purposeful delay or contumaciousness.’” In other words, given the prejudicial effect of a dismissal once the statute had run, a less drastic remedy was appropriate. (And, he wasn’t going to be able to use a solar eclipse excuse again until 2033, but I digress.)

The Order granted the motion for sanctions in part, awarding reasonable attorneys’ fees and expenses to be “paid by Mr. Pearson to remedy Wade’s failure to attend his deposition and expenses incurred in preparing the instant motion.” The Order also granted the Auto Club to right to file a supplemental motion with the monetary specifics.

The case settled shortly thereafter.
I guess you could say that Mr. Pearson’s previous deadline issues were eclipsed by his decision not to attend his client’s deposition.

Richard W. Millar, Jr. is tired and retired. He can be reached at dickmillar9@gmail.com.