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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

ROGER DUNN V. BALTIMORE COUNTY BOARD OF EDUCATION, et al.

: : : : CIVIL NO. S 96-1563

MEMORANDUM OPINION

The defendants in this removed case, which asserted claims under the Age Discrimination in Employment Act (ADEA) and

various state-law based claims, have moved to dismiss on the basis of the recent decision in Kimel v. Florida Board of Regents, claiming ___ that U.S. the ___, Kimel 2000 WL 14165 (January 11, 2000),

decision

establishes

the

Eleventh

Amendment immunity of the Baltimore County Board of Education, an agency of the State of Maryland, from ADEA suit in this Court. The defendants, thus, seek dismissal of the ADEA claim

on the ground of immunity and dismissal of the remaining claims on the ground of lack of federal subject-matter jurisdiction. The plaintiff essentially does not contest the applicability of Kimel, but asks that the case be remanded as to the remaining claims rather than having them dismissed. The first appropriate step here is obviously to dismiss the federal claim, which the Court will do. The next step is to

decide what to do with the remaining, non-federal claims. If this case had been filed originally in this Court, the Court would dismiss the non-federal claims for lack of federal subject matter jurisdiction pursuant to 28 U.S.C.

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