Duste
Duste v. Chevron Products Co.
Opinion
Opinion
James, J.
ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Pending before the Court is Defendant Chevron U.S.A. Inc.’s Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. (Dkt. # 22.) Plaintiff Richard Duste has filed an Opposition (Dkt. # 28), to which Defendant filed a Reply (Dkt. 33). On November 5, 2009, the Court held oral argument in this matter. After consideration of the parties’ briefs and oral arguments, relevant legal authority, and good cause appearing, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion as follows.
I. BACKGROUND
Plaintiff Richard Duste (“Plaintiff’) began working for Defendant Chevron U.S.A., Inc. (“Defendant” or “Chevron”) as the Southwestern Territory Manager on January 16, 1998. (Joint Statement of Undisputed Facts (“JSOF”) 1, Dkt. #26; Pl.’s Opp.’n at 2:2-3, Dkt. # 28.) In October 2001, Plaintiff was promoted to the position of sales manager. (JSOF 2, Dkt. # 26; PL’s Opp’n at 2:3-4, Dkt. # 28.) In this capacity, Plaintiff was responsible for directly managing a sales force of six territory managers for the Global Aviation Division’s customers in the United States, the Caribbean, and Latin America. (JSOF ¶ 3, Dkt. #…