Opinion
CIVIL ACTION NO. 6:12-cv-00046
05-02-2013
DAVID WARREN, Plaintiff, v. TRI TECH LABORATORIES, INC., Defendant.
MEMORANDUM OPINION
NORMAN K. MOON
UNITED STATES DISTRICT JUDGE
By counsel, Defendant filed a motion to dismiss the pro se Plaintiff's Title VII complaint as "untimely under 42 U.S.C. § 2000e-5(f)(1) because he failed to file his Complaint within ninety (90) days after receipt of the Equal Employment Opportunity Commission's ("EEOC") Right-to-Sue notice." Defendant contends that Plaintiff's complaint was filed on September 17, 2012, "which is ninety-one (91) days after his admitted receipt of the Right-to-Sue notice."
However, as the pro se Plaintiff points out in his response in opposition to the motion to dismiss, September 16, 2012, fell on a Sunday. Therefore, under Rule 6 of the Federal Rules of Civil Procedure, the time for filing the complaint was extended to Monday, September 17, 2012. See Fed. R. Civ. P. 6(a)(1)(C), 6(a)(3); see also Perry v. LaHood, 2009 WL 1350470 *7 n. 4 (E.D. Va. 2009); Payan v. Aramark Management Services Ltd. Partnership, 495 F.3d 1119, 1125 (9th Cir. 2007); Milam v. U.S. Postal Service, 674 F.2d 860, 862 (11th Cir. 1982); Kane v. Douglas, Elliman, Hollyday & Ives, 635 F.2d 141, 142 (2nd Cir. 1980); Pearson v. Furnco Const. Co., 563 F.2d 815, 819 (7th Cir. 1977); Akridge v. Gallaudet University, 729 F. Supp. 2d 172, 178 (D. D.C. 2010); Lunardini v. Massachusetts Mut. Life Ins. Co., 696 F. Supp. 2d 149, 160 (D. Conn. 2010); Hudson v. Teamsters Local Union No. 957, 536 F. Supp. 1138, 1146 (S.D. Ohio 1982); Irby v. Shelby County Government, 508 F. Supp. 1080, 1083 (W.D. Tenn. 1981).
Accordingly, Defendant's motion to dismiss will be denied. An appropriate order accompanies this memorandum opinion.
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NORMAN K. MOON
UNITED STATES DISTRICT JUDGE