Edman

Edman v. Shell Oil Co.

Good Law
104 F. App'x 629
United States Court of Appeals for the Ninth CircuitJuly 15, 2004No. 03-35884California258 words

Opinion

Lead Opinion

MEMORANDUM **

Douglas L. Edman appeals the summary judgment for Shell Oil Company in his Age Discrimination in Employment Act (“ADEA”) action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, EEOC v. Luce, Forward, Hamil *630 ton & Scripps, 345 F.3d 742 , 746 (9th Cir.2003) (en banc), and we affirm.

Summary judgment was proper because Edman failed to file suit within ninety days of the date the right-to-sue letter was delivered to the most recent address he provided the EEOC. See 42 U.S.C. § 2000e-5(f)(l); Scholar v. Pacific Bell, 963 F.2d 264, 267-68 (9th Cir.1992); cf. Nelmida v. Shelly Eurocars, Inc., 112 F.3d 380, 383 (9th Cir.1997) (holding that analogous limitations period for Title VII action commences upon postal service’s attempt to deliver the right-to-sue letter to last known address and not when claimant receives actual notice).

Edman’s contention that equitable tolling should apply here is unavailing because the EEOC sent the right-to-sue letter to the address Edman provided and it was his responsibility to notify the EEOC of any change of address. See 29 C.F.R. § 1601.7 (b). Moreover, when Edman admittedly received the right-to-sue letter, he…

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