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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MATTHEW ENDERS v. THE PARKSITE GROUP * * * Civil No. JFM-08-3042 * * ***** MEMORANDUM

Plaintiff has brought this pro se action under the Americans with Disabilities Act. He alleges that defendant offered him a job but rescinded the offer before the offer was accepted because defendant perceived him to have AIDS and to be disabled. Defendant has filed a motion to dismiss to which plaintiff has responded. Defendant's motion will be denied. In its motion defendant argues that plaintiff's claim is fatally flawed because plaintiff alleges that defendant knew of plaintiff's perceived disability before it ever extended the job offer to plaintiff. According to defendant, it is simply illogical to assume that defendant rescinded its job offer to plaintiff because of defendant's perception that plaintiff was disabled when plaintiff alleges that defendant was in possession of all relevant information before it extended the job offer. Defendant's argument is not unreasonable. Moreover, the summary judgment record may support defendant's further contention that it rescinded its job offer to plaintiff because plaintiff did not take a drug screening test upon which the job offer was conditioned. However, in light of plaintiff's pro se status, defendant's motion will be denied. Conceivably, plaintiff may be able to establish that defendant's original job offer was pretextual and that defendant extended the offer (always intending to rescind it) in order to avoid a disability discrimination claim.

A separate order denying defendant's motion to dismiss is being entered herewith. I am also today entering a scheduling order. Defendant may, of course, file a motion for summary judgment after completion of discovery if defendant concludes that such a motion is appropriate.

Date: January 27, 2009

________/s/_________________ J. Frederick Motz United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MATTHEW ENDERS v. THE PARKSITE GROUP * * * Civil No. JFM-08-3042 * * ***** ORDER For the reasons stated in the accompanying memorandum, it is, this 27th day of January 2009 ORDERED that defendant's motion to dismiss amended complaint is denied.

/s/ J. Frederick Motz United States District Judge



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