Eidenbock

MEMORANDUM **

Plaintiffs Rudy Eidenbock, Mark Freese, Joyce Walther, Marna Bennett, Paul Warg, and Brian Kearney filed suit against Defendant Charles Schwab & Co., Inc. under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and Title VII, 42 U.S.C. § 2000e et seq. The district court dismissed all the claims brought by Eidenbock, Freese, and Kearney because they did not file their Equal Employment Opportunity Commission (“EEOC”) charges within 300 days of the last allegedly discriminatory act. The district court dismissed the non-retaliation claims brought by Warg, Bennett, and Walther because they did not file suit within 90 days of receiving their right-to-sue notices. On appeal, Plaintiffs do not dispute these factual determinations, but raise legal and equitable contentions regarding ADEA’s time scheme for filing claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo an order granting a motion to dismiss, see Sacks v. Office of Foreign Assets Control, 466 F.3d 764, 770 (9th Cir.2006), and we affirm.

On appeal Plaintiffs contend that the right-to-sue letters issued to Warg, Bennett and Walther were ineffective to trigger the 90-day…