Pena v. Anatole

Full title: MARTHA X. PENA v. WYNDHAM ANATOLE

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Aug 4, 2004

3-03-CV-1814-AH (N.D. Tex. Aug. 4, 2004)

Opinion

3-03-CV-1814-AH.

August 4, 2004

ORDER

WILLIAM SANDERSON, Magistrate Judge

On July 30, 2004, this court's judgment pursuant to the court's memorandum opinion and order granting Defendant's motion for summary judgment was entered. Summary judgment was granted on Defendant's contention that Plaintiff's complaint was not filed within the ninety (90) day period following her receipt of the EEOC's right-to-sue letter since Plaintiff's initial pleadings were file stamped August 13, 2003. It has been brought to the court's attention that Plaintiff's initial pleadings were placed in the clerk's after-hour receptacle on the first floor of the federal building on August 8, 2003, and that the originals of such pleadings show a received date of August 8, 2003. As Defendant represented in its motion for summary judgment, August 11^th was the last date on which Plaintiff could timely file her civil complaint. Because Plaintiff's pleadings were submitted to the clerk on August 8, 2003, her ADEA action is not barred by limitations, and pursuant to Rule 59(d), Federal Rules of Civil Procedure,

IT IS ORDERED that the court's memorandum opinion and order and the court's judgment in favor of Defendant are vacated and set aside.

A copy of this order shall be transmitted to Plaintiff and counsel for the Defendant.