OPINION AND ORDER
HUBEL, United States Magistrate Judge.
This matter is before the court on defendant's second motion for summary judgment (# 50). For the following reasons, defendant's motion is granted in part and denied in part.
FACTUAL BACKGROUND
I. Rocha Enterprises, Inc. dba Portland Mechanical Systems
Plaintiff Rocha Enterprises, Inc. (REI) was a painting contractor solely owned and operated by plaintiff Steven Rocha (Rocha...
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