Filed: Oct. 06, 2004
Latest Update: Feb. 21, 2020
Summary: BLANCA GONZALEZ-MARIN, ET AL.and Selya, Circuit Judge.Rafael A. Oliveras Lopez de Victoria on brief for appellants., Cheryl L. Adams and Sills, Cummis, Epstein & Gross, P.C.because they were not raised squarely before the district court.court cannot be broached for the first time on appeal).
Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-1291
BLANCA GONZALEZ-MARIN, ET AL.,
Plaintiffs, Appellants,
v.
NEWARK PUBLIC SCHOOL/LEAT TEAM IV, CITY OF NEWARK, NEW JERSEY,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jaime Pieras, Jr., Senior U.S. District Judge]
Before
Torruella, Circuit Judge,
Campbell, Senior Circuit Judge,
and Selya, Circuit Judge.
Rafael A. Oliveras Lopez de Victoria on brief for appellants.
Cheryl L. Adams and Sills, Cummis, Epstein & Gross, P.C. on
brief for appellees.
October 1, 2004
Per Curiam. Appellants, Blanca Gonzalez Marin, Efrain Escobar
Perez, and their conjugal partnership, appeal from the district
court's dismissal of their complaint brought pursuant to the Age
Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634,
against appellees, Newark Public School/Leat Team IV, City of
Newark.
After carefully considering the briefs and record on appeal,
we affirm for substantially the reasons stated by the district
court. Appellants failed to meet the ADEA's requirement that a
civil action be brought against the respondent named in the charge
within 90 days after the date of the receipt of notice from the
Equal Employment Opportunity Commission that proceedings have been
terminated. See 29 U.S.C. § 626(e). The arguments raised in
appellants' brief that were not addressed in the district court's
opinion and order are plainly lacking in merit or are forfeited
because they were not raised squarely before the district court.
See Teamsters Union v. Superline Transp. Co.,
953 F.2d 17, 21 (1st
Cir. 1992) (stating that "absent the most extraordinary
circumstances, legal theories not raised squarely in the lower
court cannot be broached for the first time on appeal").
Affirmed.
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