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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DANIEL MCSHAIN v. MICHAEL GOODWIN, ET AL. * * * Civil No. JFM-07-3473 * * ***** MEMORANDUM

Plaintiff has filed this pro se action against two individual defendants for age discrimination and retaliation under Title VII and the ADEA. Plaintiff's prior employer was Local 2 of the Office and Professional Employees International Union. Defendants have filed motions to dismiss on the ground that as individuals they are not "employers" within the meaning of either Title VII or the ADEA. After being advised of the consequences of a failure to do so, plaintiff has not responded to the motions. The motions are well-founded. See Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 510-11 (4th Cir. 1994) (no individual liability under the ADEA); Lissau v. Southern Food Service, Inc., 159 F.3d 177, 178 (4th Cir. 1998) (no individual liability under Title VII). Accordingly, defendants' motions will be granted, and this action will be dismissed.

Date: February 26, 2008

/s/ J. Frederick Motz United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DANIEL MCSHAIN v. MICHAEL GOODWIN, ET AL. * * * Civil No. JFM-07-3473 * * ***** ORDER

For the reasons stated in the accompanying memorandum, it is, this 26th day of February 2008 ORDERED 1. Defendants' motions to dismiss are granted; and 2. This action is dismissed for failure to state any claim upon which relief can be granted.

/s/ J. Frederick Motz United States District Judge



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