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PORTILLO v. ZEBRA TECHNOLOGIES

United States District Court, N.D. Illinois


December 6, 2004.

PORTILLO
v.
ZEBRA TECHNOLOGIES.

The opinion of the court was delivered by: JAMES ZAGEL, District Judge

MOTION TO DISMISS

This Complaint was filed on October 26. The docket entry was made one day later, but the file stamp shows October 26. The law requires that complaints like these be filed within 90 days of the receipt of the notice of the right-to-sue issued by the EEOC. The time limit is absolute and inflexible. Threadgill v. Moore U.S.A., 269 F.3d 848 (7th Cir. 2001). The notice was mailed on 23 July. The plaintiff says that she received the notice on 27 July. The timetable is credible. The notice was mailed on a Friday and received the following Tuesday. Beginning the 90-day count on 28 July as Day One, then Day Ninety is 26 October. The complaint was filed on the 90th day. The motion to dismiss is denied.

20041206

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