Try our Advanced Search for more refined results
Searching dockets in Kluger Healey x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Civil Rights: Jobs | New York Southern
Order
ORDER for 29 Report and Recommendations. It is hereby ORDERED that the Report is ADOPTED IN FULL. As set forth in the Report, the claim in this case is time-barred, because Mr. Spencer did not file suit within the requisite 90-day period from issuance of his right to sue letter issued by the Equal Employment Commission (EEOC) on June 24, 2021. See Report at 6-10. While Mr. Spencer averred that he did not receive the letter in a timely manner due to having provided the EEOC with an inco rrect mailing address, the Report correctly notes that [c]ourts routinely dismiss claims as time-barred where the plaintiff commenced the suit more than 90 days after issuance of the Right to Sue letter because of a failure to timely receive the le tter due to an error by the plaintiff. Report at 7 (citing cases). As the Report further notes, because Mr. Spencers claim is time-barred, and the issuecannot be cured by amendment, dismissal with prejudice is the appropriate outcome here. Accordin gly, SSS USAs motion to dismiss is GRANTED, and the Complaint is DISMISSED WITH PREJUDICE. The Clerk of Court is respectfully directed to terminate ECF No. 13, and to close this case. SO ORDERED. (Signed by Judge Dale E. Ho on 7/14/2026) (jca) Transmission to Orders and Judgments Clerk for processing.
Patent | Florida Southern
Notice (Other)
NOTICE of Legal Defenses by Raymond A. Joao (Kesten, Marc)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
Phone
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 UK may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.