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Home / Case Digests / 00-3326 Bobbitt v. The Freeman Companies, et al.

00-3326 Bobbitt v. The Freeman Companies, et al.

“Bobbitt attempts to blame her untimely receipt of the right-to-sue notice on her ‘extensive travel schedule.’ Her argument is without merit. The notice was issued on Aug. 11, 1999. According to the very facts pleaded by Bobbitt, she did not begin her ‘extensive travel schedule’ until Sept. 13, 1999. This leaves 33 days, nearly five weeks, for which Bobbitt offers no explanation whatsoever for her failure to receive the notice. The law presumes timely delivery of a properly addressed piece of mail. McPartlin v. Commissioner, 653 F.2d 1185, 1191 (7th Cir. 1981). Nowhere in her amended complaint did Bobbitt ever assert that the post office failed at least to attempt to timely deliver the certified right-to-sue notice some time shortly after August 11 (and certainly well before September 13), and so we presume that the post office timely notified Bobbitt in some manner that it had certified mail to deliver to her. Bobbitt simply makes no effort to explain why she was unable to retrieve the certified mail for the more than one-month period between Aug. 11 (the date the notice was issued) and Sept. 13 (the date her travels began), and so her claim is doomed by her own allegations.”


Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Coffey, J.

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