Bruce P. Paolini v. Albertson's Inc. Plan Administrator, of Albertson's Amended and Restated Stock-Based Incentive Plan

ORDER

ORDER CERTIFYING QUESTIONS OF LAW TO THE IDAHO SUPREME COURT

Bruce P. Paolini, the plaintiff, appeals the district court’s summary judgment decision. The district court granted summary judgment to the defendants, Paolini’s former employer Albertson’s, Inc. and the Administrator of Albertson’s, Inc.’s Stock-Based Incentive Plan (the “Plan Administrator”), (collectively “Albertson’s”).

On appeal Paolini argues, among other things, that he was fired for petitioning to exercise stock options granted to him by Albertson’s. He argues that firing him for this reason violated Idaho’s wage laws and public policy. We vacate submission and certify two legal questions that are disposi-tive of these issues on appeal.

I.

Resolution of Paolini’s wrongful discharge claims as related to Idaho’s wage laws and Idaho’s public policy are matters of first impression under Idaho law. Because we find no controlling precedent in the decisions of the Idaho courts, pursuant to Rule 12.2 of the Idaho Appellate Rules, we respectfully request the Idaho Supreme Court to exercise its discretion to accept certification of the following legal questions:

A determination of Idaho law with regard to these…