The opinion of the court was delivered by: Honorable Marcia S. Krieger
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT
THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment (#171). Having considered the motion, the response (#188), the reply (#199), and the documentary evidence attached thereto, the Court finds and concludes as follows.
The Court exercises subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.
The Plaintiff, Dr. Bramlet, claims that the Defendant, Aspen Valley Hospital District ("the Hospital"), refused to grant him active or consulting staff privileges, a contract to work as a cardiologist, and a practice loan for his private practice. Based thereon, he asserts three claims:
(1) the Hospital discriminated against him on the basis of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq.; (2) the Hospital deprived him of his rights to substantive and procedural due process; and (3) the Hospital breached its agreement with Dr. Bramlet as set forth in the Medical Staff Bylaws and Credentials Policy and Procedure Manual. The Hospital seeks summary judgment dismissing all three claims. The Court must determine whether a trial is required on any of these claims.
The following are the material undisputed facts, or disputed facts construed most favorably to Dr. Bramlet, with regard to his ability to assert an ADEA claim.*fn1
1. Dr. Bramlet is a cardiologist.
2. The Hospital is located in Aspen, Colorado. It granted Dr. Bramlet provisional staff privileges to work in the Department of Internal Medicine starting in November 1998.
3. Dr. Bramlet applied for consulting staff privileges and to work as a cardiologist at the Hospital, but the Hospital rejected his applications in 2000.
4. The Hospital instead hired Dr. Gordon Gerson to work as a cardiologist in the Hospital's internal medicine department.
5. The parties agree that if Dr. Bramlet had been hired, his relationship with the Hospital would have been identical to that enjoyed by Dr. Gerson. According to Dr. Gerson, cardiology is a specialty within the medical profession which requires extensive education, training and skill. He also states that cardiologists work without supervision and make decisions about patient care based ...