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HAMMER v. JP'S SOUTHWESTERN FOODS, L.L.C.

No. 08-0339-CV-W-FJG.

739 F.Supp.2d 1155 (2010)

Steven E. HAMMER, individually and on behalf of all others similarly situated, Plaintiff, v. JP'S SOUTHWESTERN FOODS, L.L.C. d/b/a Jose Pepper's Border Grill & Cantina; and Does 1 through 10, inclusive, Defendants.

United States District Court, W.D. Missouri, Western Division.

September 13, 2010.

Attorney(s) appearing for the Case

Jerome M. Patience , Kelly L. McClelland , Kenneth Eugene Cox , Ryan L. McClelland , McClelland Law Firm, A Professional Corporation, Liberty, MO, R. Frederick Walters , Walters Bender Strohbehn & Vaughn, PC, Kansas City, MO, for Plaintiff.

James K. Borica , Chicago, IL, Joseph Gagnon , Gagnon Law Firm, LLC, Lathrop, MO, for Defendants.

ORDER

FERNANDO J. GAITAN, JR., Chief Judge.

Pending before the Court are (1) Defendant JP's Motion for Summary Judgment (Doc. No. 100); and (2) Plaintiff's Motion for Partial Summary Judgment (Doc. No. 98). Both will be considered below. As an initial matter, the parties' requests for oral argument will be denied.

I. Background

In order to assist in the prevention of identity theft as well as credit card and debit card fraud, the Fair and...

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