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BODLEY v. MACAYO RESTAURANTS, LLC

No. CV07-0876-PHX-DGC.

546 F.Supp.2d 696 (2008)

David BODLEY, an individual, Plaintiff, v. MACAYO RESTAURANTS, LLC, an Arizona limited liability company, Defendant.

United States District Court, D. Arizona.

March 4, 2008.

Attorney(s) appearing for the Case

David J. Don, Law Offices of David J. Don PLLC, Phoenix, AZ, for Plaintiff.

Julio Medina Zapata, Fennemore Craig PC, Phoenix, AZ, for Defendant.

ORDER

DAVID G. CAMPBELL, District Judge.

Defendant has filed a motion for summary judgment. Dkt. # 32. Plaintiff has filed a motion to strike. Dkt. # 36. For the reasons set forth below, the Court will grant in part and deny in part Defendant's motion and will grant Plaintiffs motion.1

I. Background.

Macayo's Mexican Kitchen is a two-story restaurant located in Mesa, Arizona. On weekdays during "happy hour,...

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