Saluja v. Advance America Cash Advance Centers of Nevada, Inc.

FILED
NOT FOR PUBLICATION
MAR 15 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUPAM SALUJA, No. 15-15709
Plaintiff-Appellant, D.C. No.
3:14-cv-00311-MMD-VPC
v.
ADVANCE AMERICA CASH MEMORANDUM*
ADVANCE CENTERS OF NEVADA,
INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted March 13, 2017**
San Francisco, California
Before: FERNANDEZ and WATFORD, Circuit Judges, and STATON,*** District
Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Josephine L. Staton, United States District Judge for
the Central District of California, sitting by designation.
Page 2 of 2
The district court did not err by granting defendant’s motion to dismiss.
Plaintiff did not file her discrimination charge with the Equal Employment
Opportunity Commission (EEOC) until more than two years after her
termination—well beyond the 300-day statute of limitations. 42 U.S.C. § 2000e-
5(e)(1); Laquaglia v. Rio Hotel & Casino, Inc., 186 F.3d 1172, 1174 (9th Cir.
1999). Plaintiff argued below, and argues here, that she is entitled to equitable
tolling because she was not aware of the filing deadline, she was without counsel,
and the EEOC initially accepted her charge before ruling it untimely. None of
these grounds, however, provides a basis for equitably tolling the statute of
limitations. See Irwin v. Department of Veterans Affairs, 498 U.S. 89, 96 (1990);
Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (per curiam).
The district court did not abuse its discretion when it denied plaintiff’s
request to amend her complaint. Plaintiff has offered no indication of what
additional facts she would allege in an amended complaint to support her equitable
tolling argument. See Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1298 (9th
Cir. 1998).
AFFIRMED.