The opinion of the court was delivered by: Michael M. Mihm United States District Judge
Friday, 15 June, 2012 01:55:51 PM
Clerk, U.S. District Court, ILCD
This matter is before the Court on Magistrate Judge Byron Cudmore's Report and Recommendation [#12]. Therein, the Magistrate Judge recommends that Defendant Toys R Us, Inc.'s ("Defendant") Combined Motion and Memorandum in Support of its Motion to Dismiss, or, Alternatively, to Strike Plaintiffs' Jury Demand [#9] be allowed. Specifically, the Magistrate Judge recommends that the Motion [#9] should be granted and this case should be dismissed with prejudice because Plaintiff Naketia Nikki Johnson ("Plaintiff") failed to file this action within the required 90 day statutory period. The Magistrate Judge also recommends that Plaintiff's Motion to Continue [#11] be denied as moot.
On May 24, 2012, Judge Cudmore filed his Report and Recommendation [#12] and advised the parties that any objections thereto must be filed in writing with the Court within fourteen days after service. No objections have been filed.
For reasons stated herein, this Court ADOPTS the Magistrate Judge's Report and Recommendation [#12]. Defendant's Motion to Dismiss [#9] is GRANTED and Plaintiff's Complaint [#1] is DISMISSED WITH PREJUDICE. Additionally, Plaintiff's Motion to Continue [#11] is DENIED AS MOOT.
A district court reviews de novo any portion of a magistrate judge's report and recommendation to which written objections have been made. See Fed. R. Civ. P. 72(b). "The district judge may accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate judge with instructions." Id.
In resolving a motion to dismiss, this Court must consider all well-pled facts as true and must draw all inferences in favor of the non-moving party. Bontkowski v. First Nat. Bank of Cicero, 998 F.2d 459, 461 (7th Cir. 1993), cert. denied, 114 S.Ct. 602 (1993). In ruling on a motion to dismiss, courts consider whether relief is possible under any set of facts that could be established consistent with the allegations in the Complaint. Conley v. Gibson, 355 U.S. 41, 45-46 (1957). This Court will dismiss a claim only if it is beyond doubt that no set of facts would entitle the Plaintiffs to relief. Chaney v. Suburban Bus Div., 52 F.3d 623, 627 (7th Cir. 1995); Venture Associates Corp. v. Zenith Data Systems Corp., 987 F.2d 429, 432 (7th Cir. 1993). In the instant matter, the Court recognizes that Plaintiff is pro se and in reviewing his complaint the Court should hold it "to less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520 (1972).
Plaintiff is an African American female. See [#1], p. 11. She was hired as a full time Department Supervisor for Defendant beginning on December 6, 2009. See Id., p. 10. On March 25, 2010, Plaintiff filed her Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"). See Id., p. 11. On her charge with the EEOC, Plaintiff listed her address as 1217 N. Lee Street, Bloomington, Illinois 61701. See Id.
On May 23, 2011, the EEOC issued Plaintiff a Dismissal and Notice of Rights Letter ("Right to Sue Letter"). See Id., p. 12-13. The Notice was sent via certified mail and addressed to ...