Filed: Feb. 15, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT F I L E D February 15, 2007 No. 06-20693 Summary Calendar Charles R. Fulbruge III Clerk LINDA C HAMLETT Plaintiff - Appellant v. GENERAL MOTORS ACCEPTANCE CORPORATION Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas, Houston USDC No. 4:05-CV-436 Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Plaintiff-appellant Linda Haml
Summary: United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT F I L E D February 15, 2007 No. 06-20693 Summary Calendar Charles R. Fulbruge III Clerk LINDA C HAMLETT Plaintiff - Appellant v. GENERAL MOTORS ACCEPTANCE CORPORATION Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas, Houston USDC No. 4:05-CV-436 Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Plaintiff-appellant Linda Hamle..
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United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT F I L E D
February 15, 2007
No. 06-20693
Summary Calendar
Charles R. Fulbruge III
Clerk
LINDA C HAMLETT
Plaintiff - Appellant
v.
GENERAL MOTORS ACCEPTANCE CORPORATION
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Texas, Houston
USDC No. 4:05-CV-436
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Plaintiff-appellant Linda Hamlett appeals the district
court’s grant of summary judgment to defendant-appellee General
Motors Acceptance Corporation (“GMAC”), contending that GMAC
violated the Age Discrimination in Employment Act of 1967
(“ADEA”),1 29 U.S.C. § 621 et seq., by subjecting her “to an
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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As GMAC points out, Hamlett actually alleged in her
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unwanted mandatory transfer to a distant, inconvenient location
or alternatively . . . to an unwanted early retirement on account
of her age.” Appellant’s Br. at 2-3. However, Hamlett’s brief
describes virtually none of the facts or issues involved in this
case and instead provides pages of legal quotations and general,
conclusory allegations that she satisfied her prima facie burden
and that GMAC’s stated reasons for its actions were pretextual.
By failing to adhere to Federal Rule of Appellate Procedure
28(a)(9)(A)’s requirement that an appellant’s brief contain the
“appellant’s contentions and the reasons for them, with citations
to the authorities and parts of the record on which the appellant
relies,” Hamlett has abandoned those contentions. See United
States v. Miranda,
248 F.3d 434, 443-44 (5th Cir. 2001); Yohey v.
Collins,
985 F.2d 222, 224-25 (5th Cir. 1993).
The only statement in her brief that could be construed as
an argument against summary judgment--that a person with less
experience got a job in another Houston office--is unaccompanied
by any allegation or evidence that she applied for and was denied
Original Petition a claim under the Texas Commission on Human
Rights Act (“TCHRA”), TEX. LAB. CODE ANN. § 21.001 et seq. Because
TCHRA claims for age discrimination are subject to the same
analysis as ADEA claims, see Quantum Chem. Corp. v. Toennies,
47
S.W.3d 473, 475-76, 480-81 (Tex. 2001), Hamlett’s misstatement as
to the source of her claims is not material.
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that job, that she was qualified for that job, that the job was
related to her situation in any way, or that age was a factor in
that employee’s hiring or GMAC’s later offer to her of a job in
North Carolina, and is insufficient to establish a prima facie
case of age discrimination. See Bodenheimer v. PPG Indus.,
Inc.,
5 F.3d 955, 957 (5th Cir. 1993). Even if she had
established a prima facie case, she makes no argument and points
to no evidence as to why GMAC’s reason for offering her the
choice of a transfer to North Carolina or a severance package--
that GMAC was closing for economic reasons the office in which
Hamlett worked--was pretextual or that age was in any way a
motivating factor in GMAC’s actions. See Rachid v. Jack in the
Box, Inc.,
376 F.3d 305, 312 (5th Cir. 2004). Hamlett’s appeal
is without merit.
AFFIRMED. Costs shall be borne by plaintiff-appellant.
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