MEMORANDUM OPINION
RICHARD J. LEON, District Judge.
Plaintiff, Robert A. Spelke, a fifty-year old employee of the Department of Justice, brings this action against Alberto Gonzales of the United States Department of Justice in his official capacity as Attorney General. Plaintiff alleges violations of the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621, et seq., ("ADEA"), the Americans with Disabilities
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