Swafford

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11

12 DAVID SWAFFORD, Case No. 18-CV-04916-LHK

13 Plaintiff,

ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

14 v.

MOTION FOR SUMMARY

JUDGMENT

15 INTERNATIONAL BUSINESS MACHINES CORPORATION, Re: Dkt. No. 82 16 Defendant. 17

18 Plaintiff David Swafford (“Swafford”) brings the instant lawsuit against Defendant 19 International Business Machines Corporation (“IBM”). Before the Court is IBM’s motion for 20 summary judgment. Having considered the parties’ briefs, the relevant law, and the record in this 21 case, the Court GRANTS in part and DENIES in part IBM’s motion for summary judgment. 22 I. BACKGROUND 23 A. Factual Background 24 Swafford is a resident of Santa Clara County, California and a software sales representative 25 at IBM since 2009. ECF No. 71 (“SAC”) ¶¶ 7, 13. IBM is a New York corporation with its 26 principal place of business in the state of New York. Id. ¶ 8. Swafford’s compensation as an IBM 27 1 1 sales representative…