Dunn v. Hatch et al, No. 1:2015cv00479 - Document 91 (D. Idaho 2017)

Court Description: MEMORANDUM DECISION AND ORDER denying 78 Motion for Summary Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ELI DUNN and COLIN ALLEN, Case No. 1:15-cv-00479-BLW Plaintiffs v. MEMORANDUM DECISION AND ORDER BRYCE HATCH, an individual; HATCH MARINE ENTERPRISE, LLC, et al, Defendants. The Court has reviewed the briefing and materials submitted concerning the motion for summary judgment filed by defendants. There are questions of fact over whether there was in fact a “profit sharing adjustment” and, if so, whether it was actually a price adjustment that was to be shared with plaintiffs. With regard to plaintiff Allen, there are questions of fact whether he was verbally promised a 10% crew share. The motion shall therefore be denied. Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that the motion for summary judgment (docket no. 78) is DENIED. Memorandum Decision & Order – page 1 DATED: October 27, 2017 _________________________ B. Lynn Winmill Chief Judge United States District Court Memorandum Decision & Order – page 2