Opinion
No. C 07-4249 PJH.
November 21, 2007
ORDER
The court has read and considered the declaration filed by plaintiff Adam McDonald pursuant to the court's order of October 24, 2007. Based on the fact that the right-to-sue letter was mailed by the EEOC on May 16, 2007, the court would ordinarily presume that the letter had arrived on May 19, 2007.
Plaintiff asserts that he did not receive the letter until "the 21st at the earliest." The court finds it reasonable, based on the fact that the letter was mailed to the wrong address, that delivery would have taken an additional two days beyond the presumed three days for delivery.
The complaint was required to be filed within 90 days of the date of receipt of the right-to-sue letter. That date was August 19, 2007. However, August 19, 2007, was a Sunday. Thus, the complaint, which was filed on Monday, August 20, 2007, was timely filed.
Accordingly, the motion of defendant San Francisco Unified School District to dismiss the complaint as untimely filed is DENIED. Defendant's remaining grounds for seeking dismissal remain valid, as set forth in the court's order of October 24, 2007. In accordance with that order, plaintiff must file an amended complaint if he wishes to avoid having the case dismissed. As stated in the order, the deadline for filing the amended complaint is Wednesday, December 5, 2007.