Karl

INTRODUCTION

20 In this putative employment class action, defendants move for summary judgment and to 21 file under seal. Plaintiff requests a denial or continuance of summary judgment under Rule 56(d). 22 For the reasons stated below, defendants’ motion for summary judgment is GRANTED IN PART 23 and DENIED IN PART. Defendants’ motion to file under seal is GRANTED. Plaintiff’s Rule 56(d) 24 motion is DENIED. 25

STATEMENT

26 A prior order has set forth the detailed background of this case (Dkt. No. 70). In brief, 27 defendant (and parent corporation) Zimmer Biomet Holdings, Inc. (“Zimmer Biomet Holdings”) 28 1 and its subsidiaries — including defendants Zimmer US, Inc. (“Zimmer US”); Biomet U.S. 2 Reconstruction, LLC (“Biomet Reconstruction”); Biomet Biologics, LLC (“Biomet Biologics”); 3 and Biomet, Inc. (“Biomet”) — engaged in designing, manufacturing, and marketing 4 biopharmaceutical and medical device products. Relevant here, Zimmer US engaged with 5 Biomet Reconstruction and Biomet Biologics in selling products focused on knees, hips, sports 6 medicine, foot and ankle, extremities, and trauma. They primarily sold these products to 7 physicians and hospitals…