Marquardt v. Leavitt

Filing 920080925

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit

FILED
No. 08-10190 Summary Calendar
September 25, 2008 Charles R. Fulbruge III Clerk

LYNDA MARQUARDT, Plaintiff-Appellant, v. MICHAEL O. LEAVITT, Secretary, Department of Health & Human Services, Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas No. 3:06-CV-893

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM:*

Lynda Marquardt appeals a summary judgment entered in her title VII case. She mainly contends the district court should not have dismissed her
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

No. 08-10190 claims of age and sex discrimination for failure to initiate her administrative remedies within the required period of time. For the most part, however, she appears to acknowledge that her argument for timeliness is foreclosed by Rowe v. Sullivan, 967 F.2d 186 (5th Cir. 1992), on which the district court properly relied. On her retaliation claim, the district court correctly concluded that Marquardt failed to show a causal link between her protected activity and the adverse employment action. The district court issued a comprehensive and persuasive Memorandum Opinion and Order. The summary judgment is AFFIRMED, essentially for the reasons given by the district court.