Jones v. Denny's

Full title: MAJOR JONES, Plaintiff, v. DENNY'S, Defendant

Court: United States District Court, D. Columbia

Date published: Aug 3, 2009

Civil Action No. 08-2180 (RBW) (D.D.C. Aug. 3, 2009)

Opinion

Civil Action No. 08-2180 (RBW).

August 3, 2009

MEMORANDUM

REGGIE WALTON, District Judge

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

1 A separate Order accompanies this Memorandum.