actual or constructive knowledge of the deceptive nature of its conduct, and (3) the extent to which the purposes of the limitations period have been satisfied. Santa Maria, 202 F.3d at 1176 (citing Naton v. Bank of Cal., 649 F.2d 691, 696 (9th Cir.1981)). Equitable estoppel, then, may come into play “if the defendant takes active steps to prevent the plaintiff from suing in time” — a situation that the Seventh Circuit terms “fraudulent concealment.” Id. at 1176-77 (citing Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir.1990)). “Fraudulent concealment necessarily requires active conduct by a defendant, above and beyond the wrongdoing upon which the plaintiffs claim is filed, to prevent the plaintiff from suing in time.” Id at 1177; accord Boyd, 752 F.2d at 414 (<HOLDING>). B. Johnson’s Failure to Seek Counseling
holding an evidentiary hearing on the applicability of equitable estoppel recognizing difference between tolling and equitable estoppel holding that estoppel was a question of fact recognizing cause of action for equitable estoppel under erisa holding that equitable estoppel did not apply because boyd was not affirmatively misled by a postal service official