Farley v. Koepp

Dist. Ct. erred in finding that plaintiff’s e-filed complaint was untimely where, although plaintiff tendered said complaint by emailing same to Dist. Ct. Clerk within applicable statute of limitations period, plaintiff failed to successfully pay filing fee and upload complaint into CM/ECF system within applicable limitations period in accordance with local rule. Although filing process was not complete under local rule until complaint was uploaded, transmittal of complaint via email effectively delivered it to Clerk for purposes of Rule 5(d)(2). Accordingly, delay in uploading complaint was mere defect in form, which did not prevent instant complaint from tolling statute of limitations period when complaint was initially received by Clerk.