John Roberds v. County of Coconino

FILED
NOT FOR PUBLICATION AUG 17 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN ROBERDS; LERRYN ROBERDS, No. 10-15282
Plaintiffs - Appellants, D.C. No. 3:09-cv-08029-DGC
v.
MEMORANDUM *
COUNTY OF COCONINO, an Arizona
municipal Corporation,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
John and Lerryn Roberds appeal from the district court’s summary judgment
in their action alleging various employment claims under the Americans with
Disabilities Act (“ADA”) and the Age Discrimination in Employment Act
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(“ADEA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo,
Huseman v. Icicle Seafoods, Inc., 471 F.3d 1116, 1120 (9th Cir. 2006), and we
affirm.
The district court properly granted summary judgment for defendant because
the last alleged unlawful employment practice occurred on January 19, 2007, and
the charge of discrimination was not filed within 300 days of that date. See 29
U.S.C. § 626(d)(1)(B); 42 U.S.C. §§ 2000e-5(e), 12117(a); Nat’l R.R. Passenger
Corp. v. Morgan, 536 U.S. 101, 109, 112-13, 117 (2002) (charge of discrimination
filed with state agency must be filed within 300 days after the alleged unlawful
employment practice). The district court properly concluded that equitable tolling
did not apply. See Leong v. Potter, 347 F.3d 1117, 1123 (9th Cir. 2003)
(discussing equitable tolling).
We decline to consider the Roberds’ contentions raised for the first time on
appeal. See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d
1142, 1146 (9th Cir. 2008).
AFFIRMED.
2 10-15282