2010 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-18-2010

Emmanuel Noel v. The Boeing Co

Precedential or Non-Precedential: Precedential

Docket No. 08-3877

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Recommended Citation

"Emmanuel Noel v. The Boeing Co" (2010). 2010 Decisions. Paper 336.

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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