A Monmouth County, New Jersey, judge has dismissed an excessive-force suit against the Sea Bright police department after the plaintiff’s lawyer said he failed to oppose a defense motion for summary judgment because he was too “occupied and distracted” to instantly answer.

In a one-page letter that was electronically filed at 4:06 p.m. on the day before the motion hearing, Michael Warshaw of Zager Fuchs in Red Bank, New Jersey, told the court that he and his co-counsel had been “very occupied and distracted and the opposition got away from us.”