Update (September 22, 2017): The signature style of U.S. District Court Judge Patrick J. Schiltz is the antithesis of the lawyer appearing before him as plaintiff’s counsel in Naca v. Macalester.
Judge Schiltz is often short and to the point. And he was this week in chastising Plaintiff’s counsel, Mr. Peter Nickitas. Judge Schiltz rejected Mr. Nickitas’ appeal of the Magistrate Judge’s order rejecting his motion to amend the complaint to add claims against Brian Rosenberg, Macalester’s President.
“In this case and in several other cases before the Court, Naca’s counsel has regularly violated the Federal Rules of Civil Procedure and the local rules of this District. The Court will no longer tolerate such violations.”
Judge Schiltz rejected Plaintiff Naca’s motion because Mr. Nickitas had serially defied court rules and also, even if he’d followed them, the proposed amendment lacked merit. The proposed claim against Pres. Rosenberg would not have survived a motion to dismiss.
The case reminds us of a 2011 post (under the headline, “It’s a messy job but someone has to do it”) in which we said
Many of us can boast of ties to class-mates on distinguished courts or with inspiring national practices (and a few of us have the skills and good fortune to attain those lofty heights), but, by and large, most of the nation’s lawyers are dealing with somewhat less glamorous disputes — the blood, guts, and other bodily fluids of real life.