JONES v. DENNY'S

Filing 17

MEMORANDUM accompanying final order issued separately this day. Signed by Judge Reggie B. Walton on 8/3/09. (ah)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MAJOR JONES, ) ) Plaintiff, ) ) v. ) Civil Action No. 08-2180 (RBW) ) DENNY'S, ) ) Defendant. ) ____________________________________)

MEMORANDUM 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

DATE: August 3, 2009

________s/______________ Reggie B. Walton United States District Judge

1

A separate Order accompanies this Memorandum.