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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : DR. DAN LURIE : v. DR. RICHARD MESERVE : MEMORANDUM OPINION Presently pending and ready for resolution is the motion of Defendant, Dr. Richard Meserve ("Meserve"), to dismiss pursuant to FED. R. CIV. P. 12(b)(6) or, in the alternative, for summary judgment pursuant to FED. R. CIV. P. 56 and the motion of Plaintiff Dr. Dan Lurie ("Lurie") for leave to file a surreply. The issues : Civil Action No. DKC 2001-2754 :

are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that

follow, Defendant's motion will be granted and Plaintiff's motion will be denied as moot. I. Background The following facts are alleged by Plaintiff. 68 year old Caucasian male. Plaintiff is a

Lurie has a PhD in Statistics and has

been employed by the Nuclear Regulatory Commission ("NRC") as a mathematical statistician in the Division of Planning, Budget, and Analysis since 1976. Plaintiff has been a well-regarded and

industrious employee of Defendant for the past twenty-four years. For the past thirteen years, Lurie has received excellent performance evaluations. Yet Defendant has failed to award Lurie

any performance awards or cash awards during that time.

Lurie

asserts that the reason he has not been granted any awards is age discrimination. On December 13, 2000, the awards ceremony date for Fiscal Year 2000, Plaintiff was not awarded a performance award, despite his evaluation of "outstanding." On June 11, 2001, the Equal Employment Opportunity Commission ("EEOC") received a "Notice of Intent" letter to file a civil action from Lurie that he intended to file a lawsuit against the NRC for age discrimination. This notice was within 180 days of the Plaintiff subsequently filed

December 13, 2000 award ceremony.

this suit alleging age discrimination under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C.

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Maryland Law