Accuray

MEMORANDUM

Michael E. Boyd (Boyd) appeals the district court’s grant of summary judgment in favor of defendant Accuray, Inc. in his action alleging violations of the False Claims Act (FCA), 31 U.S.C. § 3780 (h), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, and the Sarbanes-Oxley Act (SOX), 18 U.S.C. § 1514A. We affirm.

1. Boyd failed to raise a material issue of fact regarding the existence of an FCA violation. The Cyberknife project did not involve a contract with the United States government. Unsurprisingly, Boyd could not explain how any of the Cyberknife project events led to the submission of a false claim to the federal government, “the sine qua non of an FCA violation.” Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1055 (9th Cir.2011) (citation, alteration, and footnote referenced omitted). The district court did not err in granting summary judgment in favor of Accuray on this claim.

2. On the Title VII claim, Boyd failed to raise a material issue of fact regarding discrimination or pretext. The record plainly establishes that Boyd’s poor job performance was the impetus for his termination. Accuray began documenting Boyd’s poor…