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HARTNETT v. PAPA JOHN'S PIZZA USA, INC.

No. CIV 10-1105 JB/CG.

828 F.Supp.2d 1278 (2011)

Timothy HARTNETT, Plaintiff, v. PAPA JOHN'S PIZZA USA, INC., Defendant.

United States District Court, D. New Mexico.

October 7, 2011.

Attorney(s) appearing for the Case

Patrick L. Fogel , The Fogel Law Firm, Albuquerque, NM, for Plaintiff.

Frederick C. Miner , J. Mark Ogden , Littler Mendelson, P.C., Phoenix, AZ, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the Plaintiff's Motion for Summary Judgment, filed May 25, 2011 (Doc. 29); and (ii) the Defendant's Cross-Motion for Summary Judgment, filed June 14, 2011 (Doc. 33). The Court held a hearing on August 25, 2011. The primary issues are: (i) whether res judicata or collateral estoppel preclude Defendant Papa John's Pizza

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