Key v. Butch's Rat Hole & Anchor Service, Inc., No. 2:2017cv01171 - Document 49 (D.N.M. 2018)

Court Description: MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack DENYING 20 MOTION for Partial Summary Judgment . AND DENYING 31 MOTION to Strike Disregard or Strike Plaintiff's Untimely Responses to Defendant's Motion for Partial Summary Judgment, (yc)

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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MEMORANDUM OPINION AND ORDER DENY Key v. Butch's Rat Hole & Anchor Service, Inc. Doc. 49 Id. See id. I. Factual Background See See See See see See see also Garrison v. Gambro, Inc. See See e.g. Id. Id. Id. see also Id. Id. See See See Id. See See e.g. Casias v. Distrib. Mgmt. Corp., Inc. II. Summary Judgment Standard of Review see also Garrison v. Gambro, Inc. Anderson v. Liberty Lobby, Inc. Id Bacchus Indus., Inc. v. Arvin Indus., Inc. Celotex Corp. v. Catrett Celotex Applied Genetics Int’l, Inc. v. First Affiliated Sec., Inc. Celotex III. The Court will deny Defendant’s motion for partial summary judgment. Casias v. Distrib. Mgmt. Corp., Inc. Id. Id. exclusively see also and See Rivera v. McCoy Corp. Casias State ex rel. State Labor Comm’r v. Goodwill Indus. Id. Comm’r State Labor Id. See exclusively See Corman v. JWS of N.M., Inc. See Corman Corman See Corman de minimis Id. Corman See Corman Corman de minimis See Corman undisputed more than half Id. Corman See Corman Corman explicitly disputed See id. charged to the customer customers not See id. Corman commission Corman See id. Corman de minimis Corman See Corman Corman Corman Corman Corman Olivo v. Crawford Chevrolet Inc. Olivo Id. Id. Id. Id. Olivo Id. Olivo Olivo Olivo v. Crawford Chevrolet, Inc. Olivo II Olivo II Olivio II Olivo II were See see also or hours when Casing Floor Hands’ work was delayed Id. Olivo Olivo See Olivo II Casias Olivo See id. IV. State Labor Comm’r The Court will deny Defendant’s motion to disregard or strike the response. See See See See See id. see also In re Tiger Petroleum Co. THEREFORE, IT IS ORDERED DENIED IT IS FURTHER ORDERED DENIED ___________________________________ ROBERT C. BRACK SENIOR U.S. DISTRICT JUDGE

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