First Circuit: Newman v. Lehman Brothers Holdings Inc.

When the complaint affirmatively states a filing date for an administrative proceeding that would be past the statutory cutoff, but then is subsequently amended to obscure that filing date, the court does not engage in impermissible fact-finding  in examining the administrative complaint to determine if it was timely, since the administrative complaint serves as the factual basis for the present action.

http://media.ca1.uscourts.gov/pdf.opinions/15-2239P-01A.pdf