Noel v. the Boeing Co.

PRECEDENTIAL

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________

No. 08-3877
_____________

EMMANUEL NOEL,
Appellant

v.

THE BOEING COMPANY

___________

On Appeal from the District Court
for the Eastern District of Pennsylvania
(No. 06-cv-2673)
District Judge: Honorable Garrett E. Brown, Jr.
___________

Submitted January 26, 2010

Before: FUENTES, FISHER, Circuit Judges, and KANE,
District Judge *

*
Honorable Yvette Kane, Chief Judge of the United States
District Court for the Middle District of Pennsylvania, sitting
by designation.
 (Opinion Filed: October 1, 2010)

Albert J. Michell, Esq.
Albert J. Michell, PC
510 Bainbridge Street
First Floor
Philadelphia, PA 19147
Attorney for Appellant

Thomas K. Johnson II, Esq.
Leora F. Eisenstadt, Esq.
Dechert LLP
Cira Centre
2929 Arch Street
Philadelphia, PA 19104
Attorneys for Appellees

___________

ORDER AMENDING OPINION
___________

FUENTES, Circuit Judge

IT IS NOW ORDERED THAT the first paragraph of
the opinion shall be amended to state as follows:

“Defendant, the Boeing Company, filed a
pretrial motion for summary judgment with
the District Court, which was granted in part
 and denied in part. The District Court then
conducted a four-day bench trial. During the
trial, Boeing presented a motion for judgment
on partial findings of fact, which was also
granted in part and denied in part. After the
trial, the District Court entered judgment in
favor of Boeing on all counts. Plaintiff,
Emmanuel Noel appeals these rulings, arguing
that the recently enacted Lilly Ledbetter Fair
Pay Act of 2009 renders his otherwise out-of-
time administrative filing timely, preserving
his failure to promote claim. For the following
reasons, we will affirm the District Court’s
rulings.

The first three sentences of the first paragraph of
Section B of the opinion shall be deleted and replaced with
the following:

Before trial, Boeing filed a motion for summary
judgment. The District Court granted that motion
as it related to Noel’s claim that Boeing violated
Title VII when it failed to send him offsite to
Amarillo in May 2002 and when he was not
promoted to offsite mechanic Labor Grade 11 in
2003, holding that this claim was time-barred
since Noel did not file a charge of discrimination
with the EEOC until March 2005, well outside
the 300-day statutory time period. At the
subsequent bench trial, the District Court also
granted Defendant’s motion for Judgment on
Partial Findings on Noel’s claim that he should
have been promoted to lead mechanic upon his
 return to Ridley Park.

The word “reaches” in the first full paragraph on page
twelve of the opinion shall be replaced with the word
“reached.”

There is only one defendant in this case. Therefore,
the word “Defendants” as used on pages 6, 7, 8, and 19 shall
be replaced with the word “Defendant.” Also, the word
“Defendants'” on the same pages shall be replaced with
“Defendant’s”.

BY THE COURT,

/s/ Julio M. Fuentes
Circuit Judge

DATED: 18 October 2010