Maples
Maples v. Solarwinds, Inc.
Opinion
Lead Opinion
Armstrong, J.
Dkt.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This is a diversity jurisdiction action brought by Plaintiff Mike Maples (“Plaintiff’ or “Maples”), who alleges that Defendant SolarWinds, Inc. (“Defendant” or “SolarWinds”) is refusing to allow him to exercise his stock options in violation of their written agreements. The parties are presently before the Court on Defendant’s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. Dkt. 43. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS IN PART and DENIES IN PART the motion for the reasons set forth below. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed. R. Civ. P. 78(b); N.D. Cal. Civ. L.R. 7-l(b).
I. BACKGROUND
A. Factual Summary
SolarWinds is a Texas-based company that develops enterprise information technology (“IT”) infrastructure management software for IT professionals. In 2007, SolarWinds became interested in retaining Maples, a venture-capitalist with experience in the technology sector, as an advis- or. Foster Deck Ex. 4…