Swenson

Swenson v. T-MOBILE USA, INC.

Good Law
415 F. Supp. 2d 1101·2006 WL 373569·2006 U.S. Dist. LEXIS 7427
United States District Court, Southern District of CaliforniaJanuary 26, 200605CV2028BTM(WMC)California2,481 words

Opinion

Opinion

Moskowitz, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS MOOT

Currently before the Court are Plaintiff Susan Swenson’s motion for summary judgment and Defendant T-Mobile’s motion to dismiss, stay, or transfer the proceedings. The dispute arises out of non-compete provisions included in several documents signed by Swenson in connection with her previous employment with T-Mobile. For the reasons discussed below, the Court GRANTS Defendant’s motion to dismiss and DENIES Plaintiffs motion for summary judgment as moot.

I. Background

T-Mobile is a telecommunications company which provides wireless voice, messaging, and high speed data service throughout the U.S. It is a Delaware corporation with its principal place of business in Bellevue, Washington. Plaintiff Swenson, a California citizen, joined T-Mobile as its chief operating officer (“COO”) in February 2004. As a condition to employment, Swenson signed several agreements which included one year non-compete provisions. She also participated in the T-Mobile incentive stock option plan and the 2005 executive compensation plan, which included non-compete provisions.

Swenson first entered…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.