Wilson v. Seneca Sawmill Company et al

Filing 118

ORDER: Denying Defendants' Motion for Summary Judgment 47 ; Denying Plaintiff's Motion for Partial Summary Judgment 56 ). Signed on 11/11/09 by U.S. District Judge Michael R. Hogan. (sln)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

CARL L . WILSON,

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) Civil ) ) ORDER

Plaintiff,
v.

No. 08-6144-H0

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SENECA SAWMILL COMPANY, an Oregon corporation, and KEN ALBERTS, Defendant.

) )

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The parties both move for summary judgment; defendants move
for summary judgment on all plaintiff's claims ( # 4 7 ) while

plaintiff moves for partial summary judgment (#56).

Both

parties have submitted extensive briefing on both motions from

which it is readily apparent that there are many material issues still in dispute.
Given the parties disagreement regarding most

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ORDER

of the material facts in this case, granting summary judgment for either party at this juncture would be inappropriate. These factual disputes will be more appropriately decided by the trier of fact. I note that the parties have not yet explored the possibility of settlement in this matter. Magistrate Judge

Coffin has indicated his willingness to assist the parties in a settlement conference. Should the parties wish to avail

themselves of his offer, they should contact Magistrate Judge Coffin's chambers to schedule a settlement conference.

For the reasons stated above, defendants' Motion for Summary
Judgment (#47) is DENIED. Similarly, plaintiff's Motion for

Partial Summary Judgment ( # 5 6 ) is DENIED.
I T I S SO ORDERED D T this AA

@a dy

of November 2009.

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ORDER