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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DOROTHY GWINN v. FOOD LION, LLC : : : : Civil No. CCB-02-342 : : : : MEMORANDUM Now pending is a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) brought by defendant Food Lion, LLC ("Food Lion"). matter has been fully briefed and no hearing is necessary. Local Rule 105.6. This See

For the reasons that follow, the Court will

grant the defendant's motion to dismiss on the ground that plaintiff has failed to plead a claim upon which relief may be granted. Dorothy Gwinn was an employee of Food Lion at its Mt. Airy, Maryland location from January 2000 until her termination on May 25, 2001. According to plaintiff, "[o]n or about March 15, 2001, Gwinn

[she] was arrested for Driving While Intoxicated (`DWI').

was not convicted for the DWI, but was placed on Probation Before Judgment. (`PBJ')." (Compl. at

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