Hanger Prosthetics & Orthotics, Inc. v. Capstone Orthopedic, Inc.

ORDER

On February 7, 2007, Defendants Santiago Rosales (“Rosales”), Glen Ellis (“Ellis”), David Kimzey (“Kimzey”), Angela Fulton (“Fulton”) and Capstone Orthopedic, Inc. (“Capstone”), (“Defendants”) filed motions for summary judgment on all of Plaintiffs claims against them. (Dkt. Nos. 63, 64, 65, & 66.) Plaintiff opposes the motions.

BACKGROUND

Plaintiff Hanger Prosthetics & Orthopedics, Inc. (“Hanger”) operates prosthetic and orthotics patient care centers in the cities of Tracy and Visalia, California. (ComplV 5.) Hanger’s patient care centers maintain hard-copy and electronic patient files that include patient medical, referral source, and contact information. (Alltucker Decl. ¶¶ 9, 11, 12.) This information is not available to the public and Hanger treats it as confidential, having employees sign Employment Confidentiality/ Training Attestations directing that the information should only be used for business purposes and giving employees computer passwords. (Id. ¶¶ 9, 10, 12, 13; Schwarcz Decl. Exs. H, N (Confidentiality Attestations).)

Ellis held the position of Regional Vice President for Hanger’s Northern California region from 2000 until his resignation on July 14,…