IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
May 4, 2012
CHESTER M. BROWN, PLAINTIFF,
SHERWIN-WILLIAMS COMPANY, DEFENDANT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Chester Brown ("Brown") has filed a Complaint of Employment Discrimination against his ex-employer Sherwin-Williams Company ("Sherwin-Williams"), utilizing the form of Complaint provided by the Clerk's Office for use by pro se plaintiffs, with the form having been completed through hand-printing and an appropriate marking of boxes included in the form. This sua sponte memorandum order is issued because Brown's filled-in information has most likely pleaded him out of court, although no actual sua sponte dismissal order is appropriate.
Complaint ¶9(b) confirms that Brown received his right-tosue letter from EEOC on January 17, 2012, and he filed this lawsuit on April 17. But the right-to-sue letter states--indeed, emphasizes--that suit must be filed within 90 days (not within three months) after its receipt by the prospective plaintiff, and April 17 is the 91st day after January 17. And the caselaw consistently holds (just as with other bright-line statutory limitations provisions) that a single day is enough to make the action untimely.
It is true that the time prescription is not jurisdictional, so that
it could be waived by defendant Sherwin-Williams, although such
waivers are rare. Accordingly this Court will not dismiss this action
at this time--it will instead transmit copies of the Complaint and
this memorandum order to Sherwin-Williams at the address Brown has
listed in the Complaint and will await its response.*fn1
For that purpose a status hearing is set for 9 a.m. May 25,
2012, at which time Brown and a Sherwin-Williams lawyer are expected
to be present.