Paula Angles v. Dollar Tree Stores, Inc.
494 F. App'x 326
4th Cir.2012Background
- Plaintiffs (led by Angles) sued Dollar Tree in Collins I (EPA claims) in 2008 and sent notices to other female store managers (2006–2009).
- EEOC issued right-to-sue letters to most named plaintiffs between Nov. 2008 and Apr. 2009.
- Plaintiffs moved Feb. 4, 2009 to amend Collins I to add Title VII claims; venue issues were raised (AL vs VA).
- Plaintiffs filed a Consent to Severance and Reassignment of Title VII Claims on Feb. 20, 2009 to avoid potential tolling problems.
- Alabama district court signaled venue problems during a Jun. 17, 2009 hearing; plaintiffs filed another motion to amend on Jul. 9, 2009; by Sep. 30, 2009 the court denied the motions as futile or improper.
- Plaintiffs then filed a new Title VII complaint in the Eastern District of Virginia (outside the 90-day period) and the district court dismissed as untimely; Rule 59(e) motion denied; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 15 tolls the statute when an amended complaint is not granted | Plaintiffs contend timely amendments toll the period | Amendment never filed with leave; no tolling | No tolling; amendment not filed, so no tolling |
| Whether American Pipe/Crown, Cork & Seal tolling applies to this class-action context | Tolling could apply to class claims | Tolling not applicable because no proper filing occurred | Not applicable; tolling requires actual filing of the action |
| Whether equitable tolling is appropriate | Equitable tolling should preserve claims given venue and procedural issues | No equitable tolling due to lack of misleading conduct or due diligence failure | Equitable tolling not appropriate |
Key Cases Cited
- Murray v. Archambo, 182 F.3d 609 (10th Cir.1998) (amendment timing not tolling unless filed with leave)
- HealthSouth Corp. v. HealthSouth, 332 F.3d 293 (5th Cir.2003) (amended pleading without proper leave has no tolling effect)
- Bridges v. Department of Maryland State Police, 441 F.3d 197 (4th Cir.2006) (standing to appeal when amendment denied)
- O’Donnell v. Vencor Inc., 466 F.3d 1104 (9th Cir.2006) (timely filing not tolled by later events if no filing on time)
- Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (1983) (tolling in class actions under American Pipe for class certification)
- American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) (tolling for class actions during certification proceedings)
- Burnett v. New York Central Railroad Co., 380 U.S. 424 (1965) (equitable tolling under special FELA-like circumstances)
- Moore v. Indiana, 999 F.2d 1125 (7th Cir.1993) (timeliness tolling when leave to amend granted timely)