IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
February 16, 2012
EMERY J. YOST, PLAINTIFF,
CITY OF CHICAGO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Emery Yost ("Yost") has just sued the City of Chicago and its Park District, asserting federal claims of asserted employment discrimination and related state law claims. This memorandum order is issued sua sponte because of one problematic aspect of Yost's Complaint.
Complaint ¶12 and EEOC's right-to-sue letter (attached as part of Complaint Ex. 1) both reflect a November 14, 2011 issuance and mailing date, and the letter (as always) sets out the statutory requirement that suit must be filed within 90 days of Yost's receipt of the notice.*fn1 But Yost's lawyer did not file the Complaint until February 14, 2012--92 days after the letter's issuance.
Because it would seem likely that Yost's receipt (the controlling fact) was indeed within the relevant 90-day time frame, this Court is contemporaneously issuing its customary order setting a status hearing date and prescribing the litigants' responsibilities before that status date. But in the meantime Yost's counsel is ordered to file an amendment to Complaint ¶12 (not a full-blown Amended Complaint) on or before February 27, 2012 specifying Yost's date of receipt of the EEOC letter.