Fraser v. UTMB
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 20, 2026
Docket25-20377
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Case: 25-20377 Document: 69-1 Page: 1 Date Filed: 10/20/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 25-20377 October 20, 2026
____________
Thomas B. Plunkett, III
Rebecca Fraser, Clerk
Plaintiff—Appellant,
versus
University of Texas Medical Branch,
Defendant—Appellees.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:23-CV-854
______________________________
Before Elrod, Chief Judge, Richman and Ramirez, Circuit Judges.
Per Curiam:*
Plaintiff-Appellant Rebecca Fraser appeals the district court’s grant
of Defendant-Appellee University of Texas Medical Branch’s Rule 12(b)(6)
motion to dismiss her claims of sex discrimination and retaliation under Title
VII for failing to timely file a lawsuit and the district court’s denial of Fraser’s
motion to amend her second amended complaint. Fraser argues that she did
not receive notice of her right to sue until December 9, 2022, and when she
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-20377 Document: 69-1 Page: 2 Date Filed: 10/20/2026
No. 25-20377
filed her lawsuit on March 8, 2023, she was within the ninety-day period as
required by 42 U.S.C. § 2000e-5(f)(1). In the alternative, Fraser argues that
justice required the district court to grant her motion to amend her second
amended complaint. Because the district court correctly determined that
Fraser received notice on December 4, 2022, making her March 8, 2023,
lawsuit untimely and that permitting further amendments to Fraser’s
complaint would be futile, we AFFIRM.
Rebecca Fraser filed a charge with the EEOC alleging sex
discrimination, harassment, and retaliation. On December 1, 2022, the
EEOC issued a Determination and Notice of Rights (the “Notice”). The
Notice was sent to Fraser and her counsel via e-mail and mail. Fraser filed
the lawsuit at issue before us in the district court on March 8, 2023. The
district court dismissed Fraser’s Title VII claims in her second amended
complaint under Rule 12(b)(6) for failure to timely bring a lawsuit and denied
Fraser’s request to amend her complaint. The district court determined that,
even if the December 1, 2022, e-mail notice was insufficient, the three-day
presumption of receipt for the mail notice applied and her claims were time-
barred. The district court further determined that Fraser did not identify any
particular grounds to amend her complaint, nor did she suggest that she could
plead additional facts to allege her lawsuit was timely. Fraser appealed to this
court.
On appeal, Fraser raises three issues.1 She claims the district court
committed error when it: (1) determined that her Title VII complaint was
untimely filed; (2) failed to allow Fraser to proceed with her civil action under
the doctrine of equitable tolling for the ninety-day statutory period; and (3)
_____________________
1
Fraser also argues that the district court erred by relying on records outside of the
complaint attached to the Appellee’s motion to dismiss. Because we do not address the
issue of notice by e-mail, we do not reach this argument.
2
Case: 25-20377 Document: 69-1 Page: 3 Date Filed: 10/20/2026
No. 25-20377
denied Fraser’s motion to amend her complaint. We review a Rule 12(b)(6)
dismissal de novo. Allen v. Hays, 65 F.4th 736, 743 (5th Cir. 2023). We review
a denial of leave to amend pleadings for abuse of discretion. Robertson v.
Intratek Computer, Inc., 976 F.3d 575, 584 (5th Cir. 2020) (citing Filgueira v.
U.S. Bank Nat. Ass’n, 734 F.3d 420, 422 (5th Cir. 2013).
To survive a Rule 12(b)(6) motion, Fraser’s complaint must contain
“sufficient factual matter, accepted as true, to ‘state a claim for relief that is
plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Fraser does not
need to provide “exhaustive detail to avoid dismissal, but the pleaded facts
must allow a reasonable inference that [she] should prevail.” Mandawala v.
Ne. Baptist Hosp., 16 F.4th 1144, 1150 (5th Cir. 2021) (alteration in original).
We take factual conclusions as true, but disregard legal conclusions and
conclusory allegations. Id. We resolve all questions of fact “in favor of the
plaintiff.” Lewis v. Fresne, 252 F.3d 352, 356 (5th Cir. 2001).
First, we address the timeliness of Fraser’s lawsuit. Fraser had ninety
days after she received the Notice to file a lawsuit. 42 U.S.C. § 2000e–
5(f)(1). The ninety-day period began when either Fraser or her attorney
received the notice. See Ringgold v. Nat’l Maint. Corp., 796 F.2d 769, 770 (5th
Cir. 1986). This ninety-day “limitation period is strictly construed.” Taylor
v. Books A Million, Inc., 296 F.3d 376, 379 (5th Cir. 2002). The December 1,
2022, Notice was mailed to both Fraser’s address in Lampasas, Texas and
her attorney’s address in Dallas, Texas. Fraser asserts that she did not
receive the notice because she moved in January 2022 without notifying the
EEOC, but she does not provide any evidence regarding her counsel’s receipt
of the Notice by mail. Because “the date of receipt is not known,” we “apply
a presumption that [Fraser’s attorney] received the notice in three days,”
making the date of receipt December 4, 2022. Jenkins v. City of San Antonio
Fire Dep’t, 784 F.3d 263, 267 (5th Cir. 2015). Therefore, when Fraser’s
3
Case: 25-20377 Document: 69-1 Page: 4 Date Filed: 10/20/2026
No. 25-20377
attorney filed Fraser’s lawsuit on March 8, 2023, ninety-four days had passed
after receipt of the Notice, which made it time-barred.2
Second, we address Fraser’s claim under the equitable tolling
doctrine. Fraser did not raise equitable tolling before the district court. “A
party forfeits an argument by failing to raise it in the first instance in the
district court—thus raising it for the first time on appeal . . . .” Rollins v.
Home Depot USA, 8 F.4th 393, 397 (5th Cir. 2021). This applies to equitable
tolling. See Prince Rivers v. Fed. Express Ground, 731 F. App’x 298, 301 (5th
Cir. 2018) (holding that because the plaintiff did not raise equitable tolling
before the district court, the argument was waived on appeal). Thus, Fraser
forfeited her equitable tolling argument by not raising it before the district
court.
Last, we address the district court’s denial of Fraser’s motion to
amend her complaint. Under Rule 15(a), courts should grant leave to amend
a complaint “when justice so requires” and should do so “absent some
justification for refusal.” U.S. ex rel. Willard v. Humana Health Plan of Tex.
Inc., 336 F.3d 375, 386 (5th Cir. 2003) (citation omitted). “Leave to amend
. . . may be denied when the party seeking leave has repeatedly failed to cure
deficiencies by amendments previously allowed and when amendment would
be futile.” Id. at 387 (citing Foman v. Davis, 371 U.S. 178, 183 (1962)). Fraser
_____________________
2
We do not need to address the e-mail notice that Fraser’s attorney received
because of the presumption of receipt for the mail notice. However, Fraser’s attorney also
received three separate e-mails regarding Fraser’s case. On December 1, 2022, an EEOC
investigator e-mailed Fraser’s attorney informing him that the EEOC had concluded its
investigation into his client’s charge and advising him that the EEOC would issue the
Notice “immediately.” Later the same day, the EEOC e-mailed Fraser’s attorney
informing him that the Notice was available to download. On December 9, 2022, the EEOC
sent an e-mail reminding Fraser’s attorney that the Notice was available for download.
Despite receiving these e-mails, Fraser’s attorney did not download the Notice until
February 15, 2023.
4
Case: 25-20377 Document: 69-1 Page: 5 Date Filed: 10/20/2026
No. 25-20377
sought to amend her complaint to “allege more specific facts in support of
[her] causes of action.” The district court granted Fraser leave to address
these specific issues previously, yet Fraser failed to cure the timing
deficiencies identified by the district court. Because Fraser failed to address
the same deficiencies that she now seeks to cure, the district court did not
abuse its discretion when it determined that further amendment would be
unproductive.
For the foregoing reasons, the district court’s judgment dismissing
the action is AFFIRMED.
5