Smith v. Holder
806 F. Supp. 2d 59
D.D.C.2011Background
- Rhonda Smith, an African American DOJ employee, sues under Title VII and the Rehabilitation Act.
- Final agency decision issued May 1, 2010, creating a 90-day period to file suit under 42 U.S.C. § 2000e-5/§ 791.
- Plaintiff’s counsel attempted to file the Complaint on July 30, 2010 via a messenger service as a last-day filing.
- The messenger arrived near 4:45 PM but could not file in the after-hours drop box due to a posted sign.
- The Complaint received stamp shows receipt at 5:11 PM on July 30, 2010; plaintiff later filed Aug. 2, 2010.
- District Court converts 12(b)(6) motion to summary judgment and tolls the filing period, accepting August 2, 2010 as timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling makes the filing timely. | Smith exercised due diligence; misreading of Clerk's sign caused delay. | Delay beyond 90 days not tolled; no extraordinary circumstances. | Equitable tolling applied; August 2, 2010 filing timely. |
| Whether the court properly treated the Rule 12(b)(6) motion as summary judgment. | Court should consider tolling and factual record; not dismiss outright. | With tolling dispute unresolved, the appropriate vehicle is summary judgment. | Motion treated as summary judgment; resolved in plaintiff’s favor on tolling. |
Key Cases Cited
- Strong-Fischer v. Peters, 554 F. Supp. 2d 19 (D.D.C. 2008) (use of Rule 12(b)(6) with outside-the-pleadings material converts to summary judgment)
- DePippo v. Chertoff, 453 F. Supp. 2d 30 (D.D.C. 2006) (rule on when claims present outside-the-pleadings material)
- Mondy v. Sec. of the Army, 845 F.2d 1051 (D.C. Cir. 1988) (equitable tolling of ninety-day filing period)
- Wiley v. Johnson, 436 F. Supp. 2d 91 (D.D.C. 2006) (tolling requires due diligence and non-garden-variety neglect)
- Turner v. Afro-American Newspaper Co., 572 F. Supp. 2d 71 (D.D.C. 2008) (tolling exceptional circumstances standard)
- Smith-Haynie v. District of Columbia, 155 F.3d 575 (D.C. Cir. 1998) (tolling power limited to extraordinary circumstances)
- Harris v. Bodman, 538 F. Supp. 2d 78 (D.D.C. 2008) (ninety-day period begins when counsel receives agency decision notice)