The USAToday article is very biased. The defendant mostly screwed himself by losing documents (and then claiming he never received them) and not responding before deadlines.
Your comment seems pretty biased. Or do you have any proof that the defendant did receive the documents and then lied about never receiving them? If you don't have proof then isn't your comment libel?
I find it pretty strange that the article never mentions any proof that the defendant received the documents, like a mail receipt acknowledgement or proof of delivery by some sworn-in court agent.