Ousley v. Rescare Homecare

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for equitable tolling [Doc. 6] is GRANTED in part and DENIED in part, as stated above. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on the complaint.. Signed by Magistrate Judge Shirley P. Mensah on 5/30/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEBORAH OUSLEY,

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Plaintiff,
v.
RESCARE HOMECARE,
Defendant.

No. 4:13CV898 SPM

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for equitable tolling of the ninety-day
limitations period under Title VII and the Age Discrimination in Employment Act (“ADEA”).
Plaintiff states a sufficient case of excusable neglect such that this case should go forward beyond
28 U.S.C. § 1915(e) review and be briefed by the parties. As a result, the Court will order the Clerk
to issue process on this action. The Court makes no decision at this time whether equitable tolling
is proper.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for equitable tolling [Doc. 6] is
GRANTED in part and DENIED in part, as stated above.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue
on the complaint.
Dated this 30th day of May, 2013.

/s/Shirley Padmore Mensah
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE