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The secretary for the attorney had called the help desk on the morning of the 20th to describe the unfortunate events. She said she loaded the Response and all the attachments on the 19th, right before she went home. She said she clicked the NEXT button but apparently did not wait to make sure the NEF loaded.

When she arrived at work the 20th, she found that the entry had not been added to the case (but the filing deadline was the 19th). Before she proceeded to file the Response on the 20th, she called the help desk to ask if the court would make a notation in the docket text to show that the document was filed the 19th. She was informed that this was not true and not possible. So she efiled the Response and added to the text herself.

Of course, this attempt is ineffective. According to the Administrative Procedures, technical problems on the user's end are not correctible by the court. The system generated filing date is the actual filing date, not any date inserted by a filer.

As of this date, the superfluous and misleading text has not been stricken.

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