Gonzalez-Marin v. Newark Public School/Leat Team IV

First Circuit

Gonzalez-Marin v. Newark Public School/Leat Team IV

109 F. App'x 440

CourtCourt of Appeals for the First Circuit

DecidedOctober 6, 2004

Docket04-1291

StatusPublished

Cited by1 cases

This text of 109 F. App'x 440 (Gonzalez-Marin v. Newark Public School/Leat Team IV) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonzalez-Marin v. Newark Public School/Leat Team IV, 109 F. App'x 440 (1st Cir. 2004).

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Opinion

PER CURIAM.

Appellants, Blanca Gonzalez Marin, Efrain Escobar Perez, and their conjugal partnership, appeal from the district court’s dismissal of their complaint brought pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, against appellees, Newark Public School/Leat Team IV, City of Newark.

After carefully considering the briefs and record on appeal, we affirm for substantially the reasons stated by the district court. Appellants failed to meet the ADEA’s requirement that a civil action be brought against the respondent named in the charge within 90 days after the date of the receipt of notice from the Equal Employment Opportunity Commission that proceedings have been terminated. See 29 U.S.C. § 626(e). The arguments raised in appellants’ brief that were not addressed in the district court’s opinion and order are plainly lacking in merit or are forfeited because they were not raised squarely before the district court. See Teamsters Union v. Superline Transp. Co., 953 F.2d 17, 21 (1st Cir.1992) (stating that “absent the most extraordinary circumstances, legal theories not raised squarely in the lower court cannot be broached for the first time on appeal”).

Affirmed.

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PER CURIAM.

Appellants, Blanca Gonzalez Marin, Efrain Escobar Perez, and their conjugal partnership, appeal from the district court’s dismissal of their complaint brought pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, against appellees, Newark Public School/Leat Team IV, City of Newark.

After carefully considering the briefs and record on appeal, we affirm for substantially the reasons stated by the district court. Appellants failed to meet the ADEA’s requirement that a civil action be brought against the respondent named in the charge within 90 days after the date of the receipt of notice from the Equal Employment Opportunity Commission that proceedings have been terminated. See 29 U.S.C. § 626(e). The arguments raised in appellants’ brief that were not addressed in the district court’s opinion and order are plainly lacking in merit or are forfeited because they were not raised squarely before the district court. See Teamsters Union v. Superline Transp. Co., 953 F.2d 17, 21 (1st Cir.1992) (stating that “absent the most extraordinary circumstances, legal theories not raised squarely in the lower court cannot be broached for the first time on appeal”).

Affirmed.

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109 F. App'x 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-marin-v-newark-public-schoolleat-team-iv-ca1-2004.

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