Daniel Howard v. Tanium, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL HOWARD, No. 23-15451

Plaintiff-Appellant, D.C. No. 3:21-cv-09703-JSC

v.

MEMORANDUM*

TANIUM, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, District Judge, Presiding

Argued and Submitted April 10, 2024 Submission Withdrawn April 11, 2024 Resubmitted August 28, 2024 San Francisco, California

Before: TASHIMA, GRABER, and SUNG, Circuit Judges.

Plaintiff Daniel Howard sued Defendant Tanium, Inc., for fraudulent

misrepresentation. Plaintiff alleged that Defendant misrepresented the fair market

value (“FMV”) of the restricted stock units (“RSUs”) that were included in the

compensation package that Defendant offered to induce him to go to work for

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Defendant. Plaintiff timely appeals the summary judgment entered in…