Harris

Harris v. VECTOR MARKETING CORP.

Good Law
656 F. Supp. 2d 1128·2009 WL 2916782·2009 U.S. Dist. LEXIS 80634
United States District Court, Northern District of CaliforniaSeptember 4, 2009C-08-5198 EMCCalifornia9,648 words

Opinion

Opinion

Chen, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Docket No. 35.

Plaintiff Alicia Harris has filed a class action lawsuit against Defendant Vector Marketing Corporation, alleging violations of both federal and state employment law. At present, no class has been certified. Currently pending before the Court is Vector’s motion for summary judgment or in the alternative, summary adjudication with respect to Ms. Harris’s individual claims. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part Vector’s motion.

I. FACTUAL & PROCEDURAL BACKGROUND

“Vector is a direct sales company that markets a line of high quality kitchen cutlery, accessories, and sporting knives manufactured by Cutco Cutlery Corporation.” Matheson Deck ¶ 2. “Vector sells and markets Cutco products ... through the use of Sales Representatives.” Matheson Decl. ¶ 4; see also Matheson Depo. at 20 (testifying that Vector also has a catalog program). A significant number of its “Sales Reps” are college students. See Matheson Depo. at 176.

The parties agree that, at one point, Vector…

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