Today I see that some variation of that argument actually prevailed in the 9th Circuit.

Actually, not really.  Simon Calderon appealed from the district judge’s decision dismissing his case for lack of prosecution.  Plaintiff did not serve the complaint right away, but did effect service within the 120 day deadline.  Prior to service the court issued a show cause order scheduling a hearing.  Plaintiff’s counsel didn’t receive the order – which was served via email.  The court promptly dismissed the suit following the hearing.  The 9th Circuit found the dismissal inappropriate.  (Access the order in pdf here.)

The story sounds almost familiar, except for the fact that in the Central District (LA) e-filing is not the norm, and this was not one of the cases expressly designated for e-filing:

Where the rules do not authorize service by email, counsel has no obligation to check his email on a regular basis . . . . [w]hen the rules change, so as to make electronic notice sufficient, counsel will then be on notice that they need to check their emails just as carefully as they now check their regular email.

So there you have it.  On a related note, I’ve never understood why the Central District still sticks to paper filing?  Arcane, tiresome, blue back-requiring paper filing.  [via Volokh]