MINUTE entry before Judge Matthew F. Kennelly : The Court dismissed this case on 7/20/07 because it had been prematurely filed before plaintiff had exhausted administrative remedies. On 9/4/07, plaintiff filed an amended complaint in which he attached a copy of a right to sue letter from the EEOC. Because of the earlier dismissal, however, plaintiff must now file a new, separate lawsuit.Plaintiff is reminded that he must file suit within 90 days after he received the EEOCs letter, and that he should use the form for pro se employment discrimination cases available from the Clerk of Court. Plaintiff should also note on the Civil Cover Sheet that he files along with the new case that the new case is a refiling of Case No. 07 C 3281. The Clerk is directed to mail a copy of this order to plaintiff at P.O. Box 377543, Chicago, IL 60637.Mailed notice (mb, ) (Entered: 10/09/2007)
MINUTE entry before Judge Matthew F. Kennelly : On 6/29/07, the Court directed the plaintiff in this case to advise the Court whether the EEOC has yet issued a notice of right to sue on the charges she filed with that agency. Plaintiff's response, an "amended complaint" filed on 7/13/07, confirms that no notice of right to sue has yet been issued. For this reason, the lawsuit is premature. The case is therefore dismissed without prejudice because it is premature. Plaintiff may refile the case, if she wishes, following the issuance of a notice of right to sue. Defendants' motion to enlarge time is denied as moot 11 . The Clerk is directed to enter judgment dismissing the case as prematurely filed. Civil case terminated. Mailed notice (ar, ) (Entered: 07/26/2007)
NOTICE of Motion by Joseph E. Tilson for presentment of extension of time 11 before Honorable Matthew F. Kennelly on 7/24/2007 at 09:30 AM. (Attachments: # 1 Notice of Motion to Enlarge Time to Respond to Plaintiff's Complaint)(Tilson, Joseph) (Entered: 07/16/2007)
MINUTE entry before Judge Matthew F. Kennelly : The pro se plaintiff in this case has filed a lawsuit under, as best as the Court can tell, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, alleging discrimination on her place of work due to her race, gender, and age. She has attached to her complaint copies of the charges of discrimination that she filed with the EEOC regarding her claims. It does not yet appear, however, that the EEOC has yet issued a notice of right to sue, which is a prerequisite to bringing a Title VII claim in court. See 42 U.S.C. ยง 2000e-5(f)(1). Plaintiffs Title VII claim may, therefore, be premature. Plaintiff is directed to advise the Court in writing, on or before 7/13/07, whether the EEOC has yet issued a notice of right to sue on either of the charges she filed with that agency.Mailed notice (mb, ) (Entered: 07/02/2007)
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