Jones v. Denny's

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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)
MAJOR JONES, )
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Plaintiff, )
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v. ) Civil Action No. 08-2180 (RBW)
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DENNY’S, )
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Defendant. )
____________________________________)
MEMORANDUM
By Memorandum Opinion and Order (“Mem. Op.”) of May 5, 2009, the Court deferred
ruling on the defendant’s motion to dismiss the complaint as untimely to permit the plaintiff to
prove otherwise. In response, the plaintiff insists that he filed the complaint on November 12,
2008, see Dkt. No. 14, but the Court has already found the controlling filing date to be November
19, 2008. Mem. Op. at 2. Moreover, the plaintiff has neither rebutted the presumption that he
received the right-to-sue notice three days after it was mailed, see id., nor provided any equitable
basis for excusing what is an untimely complaint, see id., n.1. The defendant’s motion to dismiss
therefore is granted.1
________s/______________
Reggie B. Walton
DATE: August 3, 2009 United States District Judge
1
A separate Order accompanies this Memorandum.