Background - Miller, a former employee, alleges she was terminated on September 13, 2016, in retaliation for filing an EEOC sexual-harassment complaint. - EEOC issued a Dismissal and Notice of Rights (right-to-sue) on October 7, 2016, advising Miller she had 90 days from receipt to file a federal suit. - Miller filed a civil action in D.C. Superior Court on January 31, 2017; the defendant removed to federal court. - Defendant moved to dismiss under Rule 12(b)(6) as time-barred because the 90-day period expired by January 10, 2017 (assuming 5 days for mail). - Miller argued she (1) thought the 90-day period meant business days, (2) was seeking counsel, and (3) suffered personal hardships that delayed filing. - The court found Miller filed after the 90-day period and declined to equitably toll the deadline; it dismissed with prejudice. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---:| | Whether Miller timely filed under Title VII's 90-day right-to-sue period | Miller contends she received the notice in October 2016 and filed within what she believed was the deadline (claimed confusion over business vs. calendar days) | The right-to-sue was issued Oct. 7, 2016; receipt is presumptively within 3–5 days, so the 90-day period expired by Jan. 10, 2017; Miller's Jan. 31 filing was late | Court presumed receipt Oct. 12 (5 days), fixed deadline Jan. 10, 2017; Miller's suit was untimely and thus barred | | Whether equitable tolling applies to excuse the late filing | Miller cites misunderstanding of the deadline, inability to retain counsel, and personal/financial/mental hardships as reasons for delay | Defendant argues miscalculation and lack of diligent steps are insufficient; equitable tolling is sparingly applied and requires extraordinary circumstances plus diligence | Court held Miller failed to show diligence or an extraordinary barrier; equitable tolling not warranted; claim dismissed with prejudice | ### Key Cases Cited Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (equitable tolling available for Title VII filing deadlines) Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89 (equitable tolling doctrine and standards) Holland v. Florida, 560 U.S. 631 (equitable tolling requires diligence and extraordinary circumstances) Dyson v. District of Columbia, 710 F.3d 415 (D.C. Cir. restating elements for equitable tolling) Menominee Indian Tribe of Wis. v. United States, 764 F.3d 51 (miscalculation/excusable neglect not enough for tolling) Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147 (presumption about mail receipt for EEOC notices) Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausible claims) Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard guidance)