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Ringgold v. National Maintenance Corp.

United States Court of Appeals, Fifth Circuit
Aug 11, 1986
796 F.2d 769 (5th Cir. 1986)

Summary

holding that a Title VII claim was barred when filed 92 days late

Summary of this case from Baldwin v. Layton

Opinion

No. 85-3528.

August 11, 1986.

Carnes Assoc., James A. Carnes, Baton Rouge, La., for plaintiff-appellant.

Samuel P. Jordan, Jr., Robert W. Morgan, Plaquemiene, La., for Dow Chemical, U.S.A.

Appeal from the United States District Court for the Middle District of Louisiana.

Before BROWN, REAVLEY, and JONES, Circuit Judges.


The appellant, Albert L. Ringgold, appeals the dismissal of his Title VII claim of racial discrimination against his employers pursuant to 42 U.S.C. § 2000e. The district court entered summary judgment in favor of the appellees, finding that Ringgold failed to file suit within 90 days of receipt of a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) as required by 42 U.S.C. § 2000e-5(f)(1). We affirm.

In 1983, Ringgold, through his attorney Geraldine Page, filed a charge with the EEOC. At that time, Page was a member of the law firm of Carnes and Page. Page subsequently left the partnership, leaving all partnership cases, files, and records with Carnes. On August 17, 1983, the EEOC contacted Carnes about a settlement offer from Ringgold's former employers. On August 25, Carnes wrote to the EEOC rejecting the settlement offer and requesting the issuance of a right-to-sue letter. On October 6, 1983, a right-to-sue letter was delivered to Carnes's office. Carnes was out of town but his sister signed for the certified letter, which was addressed to "Geraldine Page, Atty., Carnes Page." Carnes returned to his office on October 10 and delivered several pieces of mail to Page, at which time she opened the right-to-sue letter and gave it to Carnes.

Also on October 6, 1983, a right-to-sue letter was delivered to Ringgold's residence. His wife signed for the certified letter. Ringgold asserts he never knew of his wife's receipt of the letter. The district court did not decide whether receipt by Ringgold's wife of the right-to-sue letter constituted notice to Ringgold, however, compare Espinoza v. Missouri Pacific Railroad Co., 754 F.2d 1247 (5th Cir. 1985).

Ringgold's suit was filed in the district court on January 6, 1984, 92 days after the delivery of the right-to-sue letter. The district court held that actual notice to the claimant's designated attorney was constructive notice to the claimant, and that equitable tolling was not warranted.

We hold that the 90-day period of limitation established by 42 U.S.C. § 2000e-5(f)(1) begins to run on the date that the EEOC right-to-sue letter is delivered to the offices of formally designated counsel or to the claimant. See Josiah-Faeduwor v. Communications Satellite Corp., 785 F.2d 344, 347 (D.C. Cir. 1986); Jones v. Madison Services Corp., 744 F.2d 1309, 1313-14 (7th Cir. 1984); Harper v. Burgess, 701 F.2d 29, 30 (4th Cir. 1983); Decker v. Anheuser-Busch, 632 F.2d 1221, 1223-24 (5th Cir. 1980), vacated and remanded for additional factfindings, 670 F.2d 506 (1982) (en banc), on remand, 558 F. Supp. 445 (M.D. Fla. 1983); Gonzalez v. Stanford Applied Engineering, Inc., 597 F.2d 1298, 1299 (9th Cir. 1979). Cf. Thomas v. KATV Channel 7, 692 F.2d 548, 551 (8th Cir. 1982) (notice to counsel could satisfy statutory requirements if the claimant requests that notice be sent to designated counsel and designated counsel personally acknowledges receipt). Ringgold's suit, filed 92 days after delivery to his designated counsel of the right-to-sue letter, was untimely. Ringgold has alleged no facts which would warrant equitable tolling. The dismissal of Ringgold's Title VII action is

Carnes, who had 86 days to file suit after he read the right-to-sue letter, has offered no explanation for his failure to timely file a complaint.

AFFIRMED.


Summaries of

Ringgold v. National Maintenance Corp.

United States Court of Appeals, Fifth Circuit
Aug 11, 1986
796 F.2d 769 (5th Cir. 1986)

holding that a Title VII claim was barred when filed 92 days late

Summary of this case from Baldwin v. Layton

holding that the 90-day limitation period begins to run on the date that the EEOC right-to-sue letter is delivered to the offices of formally designated counselor to the claimant

Summary of this case from Chambliss v. Entergy Corp.

holding that ninety-day period runs from date of delivery to offices of “designated counsel or to the claimant”

Summary of this case from Garcia v. Penske Logistics, LLC

holding the 90 day period begins to run the date the EEOC Right to Sue Letter is delivered to plaintiffs counsel

Summary of this case from Chapman v. Travalco, U.S.A., Inc.

affirming district court holding "that actual notice to the claimant's designated attorney was constructive notice to the claimant"

Summary of this case from Davidson v. U.S. Dep't of Homeland Sec.

affirming dismissal of Title VII claims because "Ringgold's suit, filed 92 days after delivery to his designated counsel of the right-to-sue letter, was untimely"

Summary of this case from Bradley v. Power

affirming dismissal of suit filed ninety-two days after the EEOC decision was delivered to attorney

Summary of this case from Saldana-Fountain v. United States

affirming dismissal of Title VII suit filed 92 days after receipt of the right-to-sue letter

Summary of this case from GUZMAN v. NIH FEDERAL CREDIT UNION

affirming summary judgment dismissing Title VII claims on the basis that the lawsuit was filed ninety-two days after the plaintiff received his right-to-sue-letter

Summary of this case from Blackstone v. Mississippi Department of Corrections

affirming dismissal of a Title VII claim filed 92 days after delivery to plaintiff's counsel of the right-to-sue letter

Summary of this case from Robison v. Earthgrains Baking Companies, Inc.

In Ringgold v. National Maintenance Corporation, 796 F.2d 769, 770 (5th Cir. 1986), we held "that the 90-day period of limitation established by 42 U.S.C. § 2000e-5(f)(1) begins to run on the date that the EEOC right-to-sue letter is delivered to the offices of formally designated counsel or to the claimant."

Summary of this case from Bernstein v. Maximus Fed. Servs.

dismissing case filed ninety-two days after delivery of the Notice of Right to Sue letter to Plaintiff's counsel

Summary of this case from Price v. Am. Airlines
Case details for

Ringgold v. National Maintenance Corp.

Case Details

Full title:ALBERT L. RINGGOLD, PLAINTIFF-APPELLANT, v. NATIONAL MAINTENANCE CORP., ET…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 11, 1986

Citations

796 F.2d 769 (5th Cir. 1986)

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The 90-day limitation period is strictly construed. See Taylor, 296 F.3d at 380 (affirming the district…