Maripat L. Gatter v. CEP America-Missouri, LLLP; CEP America, LLC

United States Court of Appeals
For the Eighth Circuit
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No. 24-2259
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Maripat L. Gatter
lllllllllllllllllllllPlaintiff - Appellant
v.
CEP America-Missouri, LLLP; CEP America, LLC
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: March 20, 2025
Filed: March 25, 2025
[Unpublished]
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Before SMITH, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.

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Maripat Gatter appeals the district court’s1 dismissal of her Age Discrimination
in Employment Act (ADEA) action as untimely. After careful review of the record
and the parties’ arguments on appeal, we conclude that the complaint was untimely.
See Humphrey v. Eureka Gardens Pub. Facility Bd., 891 F.3d 1079, 1081 (8th Cir.
2018) (reviewing de novo grant of Fed. R. Civ. P. 12(b)(6) motion to dismiss claim
as time-barred); see also McDonald v. St. Louis Univ., 109 F.4th 1068, 1071 (8th Cir.
2024) (concluding plaintiff received notice of right to sue when counsel received
agency email with link to right-to-sue letter, even if counsel was not then able to read
letter); Hallgren v. U.S. Dep’t of Energy, 331 F.3d 588, 589 (8th Cir. 2003) (failure
to file suit within 90 days of receiving notice of final agency action renders plaintiff’s
ADEA action untimely). We consider the equitable tolling argument waived because
Gatter did not raise it before the district court. Rivera v. Bank of Am., N.A., 993 F.3d
1046, 1051 (8th Cir. 2021). Accordingly, we affirm. See 8th Cir. R. 47B.
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1The Honorable Shirley P. Mensah, United States Magistrate Judge for the
Eastern District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
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