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APODACA v. DISCOVER FINANCIAL SERVICES

No. CIV 04-0717 MCA/WDS.

417 F.Supp.2d 1220 (2006)

Victoria APODACA, Plaintiff, v. DISCOVER FINANCIAL SERVICES, and Equifax Information Services LLC., Defendants.

United States District Court, D. New Mexico.

March 2, 2006.

Attorney(s) appearing for the Case

Rob Treinen, Richard N. Feferman, Feferman & Warren, Albuquerque, NM, for Plaintiff.

Jason C. Bousliman, William R. Keleher, Modrall Sperling Roehl Harris & Sisk P.A., Patricia G. Williams, Wiggins, Williams & Wiggin, Albuquerque, NM, Camille Averett, Brenton S. Bean, Cindy Hanson, Kilpatrick Stockton LLP, Atlanta, GA, for Defendants.

MEMORANDUM OPINION AND ORDER

ARMIJO, District Judge.

THIS MATTER comes before the Court on Defendant Equifax's Motion for Partial Summary Judgment [Doc. 173] filed on December 7, 2005. Having considered the parties' submissions, the relevant law, and being fully advised in the premises, the Court finds that there are genuine issues of material fact which preclude summary judgment as to the issues of willfulness, punitive damages...

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