Freeman v. MH Equipment Company

Filing 49

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that defendant MH Equipment Company's Motion for Summary Judgment 34 is DENIED. IT IS FURTHER ORDERED that plaintiff James Matthew Freeman's Motion to Strike 39 is DENIED A S MOOT. IT IS FURTHER ORDERED that a final pretrial hearing will be held on Friday, September 16, 2016 at 9:00 a.m. in Courtroom 14-South. The case remains set for a jury trial on the two week docket beginning September 19, 2016. Signed by District Judge Catherine D. Perry on 8/4/2016. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES MATTHEW FREEMAN,
Plaintiff,
v.
MH EQUIPMENT COMPANY,
Defendant.

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Case No. 4:15 CV 1473 CDP

MEMORANDUM AND ORDER
I have reviewed defendant MH Equipment Company’s motion for summary
judgment, and the materials and briefs submitted in support of each party's
position, and find there to be genuine issues of material fact in dispute between the
parties, including, but not limited to, whether the manner by which MH Equipment
determined the amount of commission to be paid to Freeman in relation to the Olin
Equipment Sale was in compliance with – or in breach of – the agreement(s)
contained within the Commission Program; and whether an agreement existed
between the parties that Freeman accept what he considered to be a lesser
commission than owed with a mutual understanding that Freeman’s acceptance
constituted full satisfaction of his claim to additional commission.
On the information before the Court, I cannot say that MH Equipment has
established its right to judgment with such clarity as to leave room for no

controversy and that Freeman is not entitled to prevail under any discernable
circumstances. Vette Co. v. Aetna Cas. & Sur. Co., 612 F.2d 1076, 1077 (8th Cir.
1980). Although Freeman asks that I strike certain portions of the Metzger
Declaration that MH Equipment submitted in support of its motion, my review of
the challenged portions of the declaration does not change my conclusion that
genuine issues of fact exist in this action.
Accordingly,
IT IS HEREBY ORDERED that defendant MH Equipment Company’s
Motion for Summary Judgment [34] is DENIED.
IT IS FURTHER ORDERED that plaintiff James Matthew Freeman’s
Motion to Strike [39] is DENIED AS MOOT.
IT IS FURTHER ORDERED that a final pretrial hearing will be held on
Friday, September 16, 2016 at 9:00 a.m. in Courtroom 14-South. The case
remains set for a jury trial on the two week docket beginning September 19, 2016.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 4th day of August, 2016.

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