Summary
The United States District Court for the District of Arizona dismissed Tracee Croomes’s discrimination and retaliation claims against IntouchCX US Incorporated as untimely. The court held that her Title VII claims were filed after the applicable ninety-day period following issuance of the EEOC right-to-sue notice and that her Arizona Civil Rights Act claims were filed more than one year after the charge. The court denied leave to amend, dismissed the complaint with prejudice, entered judgment for the defendant, and closed the case.
Holdings
- Croomes's Title VII claims were time-barred because she filed the present action nearly a year after the ninety-day period following receipt of the EEOC right-to-sue notice expired, and she showed no basis for equitable tolling, waiver, or estoppel.
- Croomes's Arizona Civil Rights Act claims were time-barred because she filed suit more than one year after filing her administrative charge and did not establish a basis for equitable tolling.
- Leave to amend was properly denied because the proposed amended complaint asserted claims that were also time-barred.
Questions Presented
- Whether Croomes's Title VII claims were barred because she filed suit more than ninety days after receiving the EEOC right-to-sue notice.
- Whether Croomes's Arizona Civil Rights Act claims were barred because she filed suit more than one year after filing her administrative charge.
- Whether leave to amend should be denied because the proposed claims were also time-barred.
Disposition
dismissed
Cases Cited (11)
- Thomas v. Cnty. of Humboldt, California, 124 F.4th 1179, 1191 (9th Cir. 2024)(followed)
- Hoang v. Bank of Am., N.A., 910 F.3d 1096, 1103 (9th Cir. 2018)(followed)
- Bond v. Wells Fargo Bank NA, 782 F. Supp. 3d 743, 753 (D. Ariz. 2025)(followed)
- Peterson v. City of Surprise, 418 P.3d 1020, 1024 (Ariz. Ct. App. 2018)(followed)
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002)(followed)
- Kyles v. Contractors/Eng'rs Supply, Inc., 949 P.2d 63, 65 (Ariz. Ct. App. 1997)(followed)
- Payan v. Aramark Mgmt. Servs. Ltd. P'ship, 495 F.3d 1119, 1121, 1125 (9th Cir. 2007)(followed)
- Surrell v. California Water Serv. Co., 518 F.3d 1097, 1104 (9th Cir. 2008)(followed)
- Stoll v. Runyon, 165 F.3d 1238, 1242 (9th Cir. 1999)(followed)
- Leong v. Potter, 347 F.3d 1117, 1122 (9th Cir. 2003)(followed)
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Cited In (0)
No citing cases on record yet.