Dunn v. Hatch et al

Filing 91

MEMORANDUM DECISION AND ORDER denying 78 Motion for Summary Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ELI DUNN and COLIN ALLEN,
Case No. 1:15-cv-00479-BLW
Plaintiffs
v.

MEMORANDUM DECISION AND
ORDER

BRYCE HATCH, an individual; HATCH
MARINE ENTERPRISE, LLC, et al,
Defendants.

The Court has reviewed the briefing and materials submitted concerning the
motion for summary judgment filed by defendants. There are questions of fact over
whether there was in fact a “profit sharing adjustment” and, if so, whether it was actually
a price adjustment that was to be shared with plaintiffs. With regard to plaintiff Allen,
there are questions of fact whether he was verbally promised a 10% crew share. The
motion shall therefore be denied. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for summary
judgment (docket no. 78) is DENIED.

Memorandum Decision & Order – page 1

DATED: October 27, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order – page 2