Christopher Nettleton v. Exact Sciences Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHRISTOPHER NETTLETON, No. 23-35399

Plaintiff-Appellant, D.C. No. 6:22-cv-01290-MC

v.

MEMORANDUM*

EXACT SCIENCES CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Argued and Submitted June 3, 2024* Portland, Oregon

Before: RAWLINSON, FORREST, and SUNG, Circuit Judges.

Plaintiff Christopher Nettleton appeals from the dismissal of his breach of

contract and fraud claims arising out of his employment with Defendant Exact

Sciences Corporation. We review de novo the district court’s Federal Rule of Civil

Procedure 12(b)(6) dismissal for failure to state a claim. Whitaker v. Tesla Motors,

Inc., 985 F.3d 1173, 1175 (9th Cir. 2021). We have jurisdiction under 28 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 1291, and we affirm the dismissal of Nettleton’s contract…