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KOELLHOFFER v. PLOTKE-GIORDANI

Civil Action No. 10-cv-02820-WYD-CBS.

858 F.Supp.2d 1181 (2012)

Garth KOELLHOFFER, on behalf of himself and all similarly situated persons, Plaintiff, v. Elizabeth PLOTKE-GIORDANI and Luigi Giordani, both individuals; and I Scoppiati, Inc., d/b/a Campo De Fiori Ristorante, a Colorado corporation, Defendants.

United States District Court, D. Colorado.

March 12, 2012.

Attorney(s) appearing for the Case

Brian David Gonzales , The Law Offices of Brian D. Gonzales, Fort Collins, CO, for Plaintiff.

Christine McCallister Garrison , James D. Kilroy , Snell & Wilmer, LLP, Denver, CO, for Defendants.

ORDER ON SUMMARY JUDGMENT

WILEY Y. DANIEL, Chief Judge.

I. INTRODUCTION

THIS MATTER is before the Court on Defendants' F.R.C.P. 56 Motion for Summary Judgment filed August 12, 2011. A response was filed on November 7, 2011, and a reply was filed on November 23, 2011. For the reasons discussed below, Defendants' summary judgment motion is denied.

II. FACTUAL BACKGROUND

Defendant I Scoppiati, Inc., d/b/a Campo De Fiori...

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