Pamela Bobbitt v. The Freeman Companies, Dan Camp, Larry Arnaudet, 268 F.3d 535 (7th Cir. 2001). · Go Syfert
Pamela Bobbitt v. The Freeman Companies, Dan Camp, Larry Arnaudet, 268 F.3d 535 (7th Cir. 2001). Cases Citing This Book View Copy Cite
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45 citation events (45 in the last 25 years) across 8 distinct courts.
Strongest positive: Washington v. Enterprise Holdings, LLC (ilnd, 2024-07-01)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Washington v. Enterprise Holdings, LLC
N.D. Ill. · 2024 · quote attribution · 1 verbatim quote · confidence high
the law presumes timely delivery of a properly addressed piece of mail.
discussed Cited as authority (verbatim quote) Anderson v. Jeffreys
N.D. Ill. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the law presumes timely delivery of a properly addressed piece of mail.
cited Cited as authority (rule) Morris v. Chicago Central Pacific Railroad Company
N.D. Ill. · 2025 · confidence medium
Ill. 2021) (citing Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001)).
cited Cited as authority (rule) Plumbers & Gasfitters Union Local No 75 Health Fund v. Wilkes Plumbing Inc
E.D. Wis. · 2024 · confidence medium
Moreover, “[t]he law presumes timely delivery of a properly addressed piece of mail.” Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001).
discussed Cited as authority (rule) Arnold v. Ameren Illinois (2×) also: Cited "see"
S.D. Ill. · 2024 · confidence medium
Corp., 744 F.2d 1309 , 1312 (7th Cir. 1984)); accord Reschny v. Elk Grove Plating Co., 414 F.3d 821, 823 (7th Cir. 2005); Threadgill v. Moore U.S.A., Inc., 269 F.3d 848, 849-50 (7th Cir. 2001); Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001).
discussed Cited as authority (rule) DENOIA v. ROCHE DIAGNOSTICS CORPORATION
S.D. Ind. · 2024 · confidence medium
Courts generally recognize "that a claimant should not lose the right to sue because of 'events beyond his or her control which delay receipt of the EEOC's notice.' " Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001) (quoting St.
cited Cited as authority (rule) Jackson-Pringle v. Washington Metropolitan Area Transit Authority
D.D.C. · 2022 · confidence medium
Ill. 2016) (quoting Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001)), but that exception is irrelevant here. 12 III.
discussed Cited as authority (rule) Bentley v. Home Care Assistance
E.D. Wis. · 2022 · confidence medium
While the law does “presume[] timely delivery of a properly addressed piece of mail,” Bobbitt v. Freeman Companies, 268 F.3d 535, 538 (7th Cir. 2001), the court has no information on whether this specific mail was properly addressed.
cited Cited as authority (rule) Beard v. United Parcel Service
N.D. Ill. · 2021 · confidence medium
Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001); cf. St.
cited Cited as authority (rule) Beardson v. Franciscan Alliance INC
N.D. Ind. · 2021 · confidence medium
Ill. 2020) (citing Loyd v. Sullivan, 882 F.2d 218, 218 (7th Cir. 1989); Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001)).
discussed Cited as authority (rule) Freeman v. Roque's Inc
N.D. Ind. · 2021 · confidence medium
“However, when the claimant does not receive the notice in a timely fashion due to her own fault, the ‘actual notice’ rule does not apply.” Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001) (citing St.
cited Cited as authority (rule) Lidy v. Stevens Industries
S.D. Ill. · 2021 · confidence medium
Inc., 632 F.3d 962, 968 (7th Cir. 2011) (listing cases); Prince v. Stewart, 580 F.3d 571, 574 (7th Cir. 2009); Bobbitt v. Freeman Companies, 268 F.3d 535, 538 (7th Cir. 2001).
discussed Cited as authority (rule) Taylor v. Northwestern Memorial Hospital (2×) also: Cited "see, e.g."
N.D. Ill. · 2021 · confidence medium
Where a claimant is not herself at fault for failure to timely receive a notice, “the statutory 90-day filing period commences when the plaintiff receives actual notice of her right to sue,” the rationale being that “a claimant should not lose the right to sue because of ‘events beyond his or her control which delay receipt of the EEOC’s notice.’” Bobbitt, 268 F.3d at 538 (citations omitted).
cited Cited as authority (rule) Tataru v. RGS Financial, Inc.
N.D. Ill. · 2021 · confidence medium
Furthermore, “the law presumes timely delivery of a properly addressed piece of mail.” Bobbitt v. The Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001). 3.
cited Cited as authority (rule) Smith v. Tradebe Environmental
N.D. Ind. · 2020 · confidence medium
“The law presumes timely delivery of a properly addressed piece of mail.” Bobbitt v. Freeman Companies, 268 F.3d 535, 538 (7th Cir. 2001).
discussed Cited as authority (rule) Bernal v. NRA Group, LLC
N.D. Ill. · 2016 · confidence medium
“The law presumes timely delivery of a properly addressed piece of mail.” Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir. 2001); see also Hayes v. Potter, 310 F.3d 979, 982 (7th Cir. 2002) (“We will generally presume timely delivery of properly addressed mail.”).
discussed Cited as authority (rule) Edwards v. Johnson
N.D. Ill. · 2016 · confidence medium
“However, when the claimant does not receive the notice in a timely fashion due to her own fault, the ‘actual notice’ rule does not apply.” Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001) (citing St.
cited Cited as authority (rule) Earnest Johnson, Jr. v. Federal Marine Terminal of Mil
7th Cir. · 2015 · confidence medium
See Reschny v. Elk Grove Plating Co., 414 F.3d 821, 823 (7th Cir.2005); Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001).
discussed Cited as authority (rule) Fosnight v. LVNV Funding, LLC (2×) also: Cited "see"
S.D. Ind. · 2015 · confidence medium
No. 41 at 4-7 (citing, inter alia, Bobbitt v. The Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001) (stating that “the law presumes timely delivery of a properly addressed piece of mail”); Bartlett v. Heibl, 128 F.3d 497, 499 (7th Cir.1997) (stating that reading the letter is not an element of a violation of the FDCPA)).
cited Cited as authority (rule) DiCroce v. Secretary Interior
3rd Cir. · 2007 · confidence medium
See Fed.R.Civ.P. 6(e); Seit-zinger, 165 F.3d at 239 ; Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001) (“The law presumes timely delivery of a properly addressed piece of mail.”).
discussed Cited as authority (rule) Hayes, Diana W. v. Potter, John E.
7th Cir. · 2002 · confidence medium
We will generally presume timely delivery of properly addressed mail, Bobbitt v. Freeman Co., 268 F.3d 535, 538 (7th Cir. 2001), but in a retaliation case, it is not enough that the decisionmaker should have known about a discrim- ination complaint; the decisionmaker must have had actual knowledge of the complaint for her decision to be retalia- tory.
discussed Cited as authority (rule) Diana W. Hayes v. John E. Potter, Postmaster General of the United States Postal Service
7th Cir. · 2002 · confidence medium
We will generally presume timely delivery of properly addressed mail, Bobbitt v. Freeman Co., 268 F.3d 535, 538 (7th Cir.2001), but in a retaliation case, it is not enough that the decisionmaker should have *983 known about a discrimination complaint; the decisionmaker must have had actual knowledge of the complaint for her decision to be retaliatory.
discussed Cited as authority (rule) Del Korth v. Supervalu, Inc.
7th Cir. · 2002 · confidence medium
E.g., Threadgill v. Moore U.S.A., Inc., 269 F.3d 848, 850 (7th Cir.2001); Bobbitt v. The Freeman Companies, et. al., 268 F.3d 535, 538 (7th Cir.2001); Houston v. Sidley & Austin, 185 F.3d 837, 839 (7th Cir.1999).
cited Cited as authority (rule) Cohen v. Hoyer
7th Cir. · 2002 · confidence medium
Bobbitt v. Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001); In re Longardner & Assocs., Inc., 855 F.2d 455, 459-60 (7th Cir.1988).
cited Cited "see" Morris v. Greif Industrial Packaging Service LLC
N.D. Ill. · 2024 · signal: see · confidence high
See Bobbitt v. Freeman Co., 268 F.3d 535, 538-9 (7th Cir. 2001).
cited Cited "see" Williams v. IBM
N.D. Ill. · 2023 · signal: see · confidence high
See Bobbitt v. Freeman Co., 268 F.3d 535 , 538–39 (7th Cir. 2001).
examined Cited "see" Davis v. Palos Health (3×)
N.D. Ill. · 2019 · signal: see · confidence high
See Bobbitt, 268 F.3d at 538 .
cited Cited "see" Davis v. Palos Health
N.D. Ill. · 2019 · signal: see · confidence high
See Bobbitt v. Freeman Companies, 268 F.3d 535, 538 (7th Cir. 2001); see also McPartlin v. Comm’r, 653 F.2d 1185, 1191 (7th Cir. 1981).
cited Cited "see" Fosnigh v. Convergent Outsourcing, Inc.
S.D. Ind. · 2016 · signal: see · confidence high
See Bobbitt v. The Freeman Cos., 268 F.3d 535, 538 (7th Cir.2001) (stating that “the law presumes timely delivery of a properly addressed piece of mail”).
cited Cited "see" Davis v. International Union of Operating Engineers Local Union No. 965
7th Cir. · 2005 · signal: see · confidence high
See Bobbitt v. Freeman Cos., 268 F.3d 535, 538-39 (7th Cir.2001) (90-day period measured from date certified mail was sent where claimant failed to pick up right-to-sue notice in timely fashion).
discussed Cited "see, e.g." Hardiman v. Lipnic
N.D. Ill. · 2020 · signal: see also · confidence medium
See Loyd v. Sullivan, 882 F.2d 218, 218 (7th Cir. 1989) (per curiam) (“[U]nless proven otherwise, the receipt date is presumed to be five days from the mailing date.”); see also Bobbitt v. Freeman Companies, 268 F.3d 535, 538 (7th Cir. 2001) (holding, in the Title VII statute of limitations context, that “[t]he law presumes timely delivery of a properly addressed piece of mail”).
Retrieving the full opinion text from the archive…
Pamela BOBBITT, Plaintiff-Appellant,
v.
the FREEMAN COMPANIES, Dan Camp, Larry Arnaudet, Et Al., Defendants-Appellees
Richard R. Rothman (argued), Chicago, IL, for Plaintiff-Appellant., Steven M. Hartmann (argued), Michael E. Shabat, Freeborn & Peters, Chicago, IL, for Defendants-Appellees.
Coffey, Manion, Wood.
Cited by 31 opinions  |  Published
COFFEY, Circuit Judge.

Plaintiff-appellant Pamela Bobbitt filed suit against her former employer, Freeman Companies, and a number of its employees, alleging they discriminated against her on the basis of her gender. The district court dismissed Bobbitt’s complaint, ruling that it was without jurisdiction because the complaint had been filed more than 90 days after the United States Equal Employment Opportunities Commission (EEOC) notified Bobbitt of her right to sue, 42 U.S.C. § 2000e-5(f)(l). Bobbitt appeals, and we affirm.

I. Factual Background

On July 1, 1999, Pamela Bobbitt filed a charge with the EEOC against the Freeman Companies, alleging employment-related discrimination on the basis of her gender in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. On August 11, 1999, the EEOC denied Bobbitt’s claim and issued a right-to-sue notice via certified mail to Bobbitt’s home address. The notice informed Bobbitt that if she wished to sue the Freeman Companies she “MUST DO SO WITHIN NINETY (90) DAYS OF YOUR RECEIPT OF THIS NOTICE: OTHERWISE YOUR RIGHT TO SUE IS LOST.”

On December 28, 1999, 139 days after the EEOC issued the notice, Bobbitt filed suit in the district court against the Freeman Companies and seven of its employees, alleging gender discrimination pursuant to Title VII and other supplemental state law claims. Bobbitt alleged that her[*537] complaint was timely because she had not received the EEOC notice until September 29, 1999, “due to her extensive travel schedule.” Bobbitt never did contend that the EEOC had failed to mail the notice or that the post office had failed to deliver it timely.

The trial judge reviewed the complaint to determine whether Bobbitt had complied with the jurisdictional requirement that claims be filed within 90 days after the EEOC issues the right-to-sue notice. See Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 1282 (7th Cir.1986); 42 U.S.C. § 2000-e-5(f)(l). The judge noticed a seven-ioeek gap between the date the EEOC issued the notice (August 11) and the date Bobbitt alleged she received the notice (September 29). Because Bobbitt’s complaint was filed on the 90th day following September 29, it would only be timely if the 90-day filing period commenced on September 29.

The trial judge thus issued a order directing Bobbitt to file an amended complaint to address the specific circumstances regarding her allegedly tardy receipt of the EEOC notice. The order directed Bobbitt to state: (1) the actual date the EEOC notice was issued; (2) the postmark identifying the date the notice was mailed; (3) the date or dates on which the post office notified Bobbitt that she had received certified mail or that she had need to pick up certified mail; (4) photocopies of all relevant documents; and (5) any other relevant particulars bearing on the timeliness issue.

In an effort to comply with the court’s order, Bobbitt filed a First Amended Complaint on March 28, 2000. [1] In the First Amended Complaint, Bobbitt alleged that the EEOC issued the right-to-sue letter on August 11, 1999 and that she received the right-to-sue letter on September 29, 1999. Bobbitt further alleged that she was single, had no children, and that her job required extensive travel. Bobbitt claimed that she had been out of town on September 13, 14, 15, 17, 18, 23, and 24, 1999. Bobbitt, however, failed to include any information regarding notification she received from the post office regarding the certified mail as well as photocopies of any relevant documents. In essence, the First Amended Complaint merely repeated the vague allegation that Bobbitt had not received the notice until September 29, 1999 and offered seven dates during which Bobbitt claimed to have been away from home. Bobbitt never explained whether the notice was delivered to her residence or whether she retrieved it from the post office; nor did she ever explain when the post office first notified her that it had certified mail to be delivered to her. Nowhere did Bobbitt attempt to explain why she had been unable to pick up the notice on any of the 42 other days between August 11, 1999 and September 29, 1999 during which she had been at home.

In response to Bobbitt’s vague explanation regarding her absence from home on seven days scattered throughout a seven-week period, the defendants moved to dismiss the complaint on June 29, 2000 because it was untimely. The trial court granted the motion, holding that Bobbitt’s Title VII claims were not filed in a timely manner:

It cannot be gainsaid that a total failure to check one’s mail for more than a six-week period (the time between EEOC’s transmittal and Bobbitt’s claimed receipt) is patently irresponsible. After[*538] all, even apart from the resulting delinquency in paying any bills that may come in during such an extended period, no even arguable justification exists for taking the risk that important notices or other mailings may demand attention. And importantly here, Bobbitt’s [complaint] ¶ 12 [regarding the dates Bobbitt was out of town] is singularly lacking in even a word of explanation as to Bobbitt’s not having checked her mail during the entire four weeks that elapsed between (say) August 16 or so (which allows several days for transit [of the notice] in the mails) and September 13, 1999. Hence none of the circumstances that led Houston to distinguish St. Louis (while still confirming its holding) are present here.

Bobbitt filed a notice of voluntary dismissal of her remaining state law claims on August 10, 2000, and shortly thereafter the district court entered a final judgment in favor of all defendants. Bobbitt appeals the district court’s finding that her suit was not filed in a timely manner.

II. Discussion

We review de novo the trial court’s dismissal of the complaint. Hanania v. Loren-Maltese, 212 F.3d 353, 356 (7th Cir.2000). A Title VII plaintiff must file her suit within 90 days from the date the EEOC “gives notice” of her right to sue. Houston v. Sidley & Austin, 185 F.3d 837, 838-39 (7th Cir.1999); 42 U.S.C. § 2000e-5(f)(l). In most situations, the statutory 90-day filing period commences when the plaintiff receives actual notice of her right to sue. Houston, 185 F.3d at 839. However, when the claimant does not receive the notice in a timely fashion due to her own fault, the “actual notice” rule does not apply. St. Louis v. Alverno College, 744 F.2d 1314, 1316-17 (7th Cir.1984). For example, if a claimant fails to notify the EEOC of a change of address, then the claimant cannot later rely on the “actual notice” rule. Id. at 1317. The rational behind the “actual notice” rule, as well as the limitation to it discussed above, is that a claimant should not lose the right to sue because of “events beyond his or her control which delay receipt of the EEOC’s notice.” Id. at 1316. Bobbitt’s case, however, does not fit within the parameters of the rule.

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 August 11, 1999. According to the very facts pleaded by Bobbitt, she did not begin her “extensive travel schedule” until September 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 August 11 (the date the notice was issued) and September 13 (the date her travels began), and so her claim is doomed by her own allegations.

Moreover, even if Bobbitt could account for the time period between August 11 and September 13 (which she cannot), she was away from home on only seven days over the course of the next 16 days. Nowhere[*539] does she explain why she was unable to retrieve the certified mail on one of the nine days during which she was at home between September 13 and September 29. We agree with the trial court that “a total failure to check one’s mail for more than a six-week period ... is patently irresponsible.” To invoke the “actual notice” rule set forth in Houston, Bobbitt was required to pick up her letter “within the time that the Post Office’s notice gives her before it will be returned to the sender.” Houston, 185 F.3d at 839. Bobbitt’s failure to monitor her mail, for 49 days, precludes her from relying on the “actual notice rule.” Houston, 185 F.3d at 839; St. Louis, 744 F.2d at 1317. Indeed, her claim that she should be excused from her failure to timely file suit because of her “extensive travel schedule,” which kept her away from home on only 7 out of 49 possible days, is patently frivolous.

AFFIRMED.

1

. Bobbitt later filed a Second Amended Complaint on June 1, 2000. The Second Amended Complaint did not contain any additional allegations regarding her receipt of the EEOC notice.