Tolefree

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Ronniesa Tolefree, No. 2:19-cv-00693-KJM-AC Plaintiff, ORDER v. Swift Transportation Co. Inc., et al., 1S Defendants. 16 Swift Transportation Co., Inc. and its parent company, who are together the defendants in 18 this employment discrimination action, move for summary judgment. Mot., ECF No. 15; Mem., ECF No. 15-1. Plaintiff Ronniesa Tolefree opposes the motion, ECF No. 24, and Swift has 20 replied, ECF No. 25. On August 14, 2020, the court heard oral argument on the motion by videoconference. Jasmine Duel appeared for Ms. Tolefree and Alicia Kennon for Swift. Several factual disputes remain unresolved, chief among them whether Ms. Tolefree could 23 perform the essential duties of her position as a truck driver while she was pregnant. A trial is 24 necessary to resolve these disputes. Ms. Tolefree has not, however, cited clear and convincing 25 evidence of “oppression, fraud,…