United States District Court, D. Oregon
OPINION AND ORDER
F. BECKERMAN UNITED STATES MAGISTRATE JUDGE
Tripwire, Inc. (“Tripwire”) filed this action
against former employee Rod Murchison
(“Murchison”), alleging violations of Oregon
contract, trade secret, and tort laws. (Am. Compl.
¶¶ 33-73.) Murchison removed the matter to
federal court. (ECF No. 1.) This Court has
jurisdiction under 28 U.S.C. § 1332.
parties filed cross-motions for partial summary judgment
based on competing interpretations of Murchison's
employment contract. (Def.'s Mot. for Partial Summ.
J.; Pl.'s Mot. for Partial Summ. J.) Read
in context, the disputed contract term is unambiguous.
Accordingly, the Court grants Tripwire's motion for
partial summary judgment and denies Murchison's
parties filed a joint stipulation setting forth undisputed
facts relevant to their summary judgment motions. (ECF
No. 17 (hereinafter “Joint Stip.”).) The
parties' pleadings and motions provide additional
hired Murchison as its Vice President of Product Management
in November 2012. (Am. Compl. ¶ 7; Answer
¶ 7.) The parties signed an Employee Proprietary
Information and Inventions Agreement
(“Agreement”) on November 19, 2012. (Joint
Stip. ¶ 3; Am. Compl., Ex. A.) Tripwire
drafted the Agreement, and Murchison signed it without edit.
(Joint Stip. ¶¶ 2, 4.) A true and correct
copy of the Agreement is filed with Plaintiff's Amended
Complaint. (Am. Compl., Ex. A; Joint Stip ¶
Agreement contains the following provision:
4. Additional Activities. I agree that
during the period of my employment by the Company I will not,
without the Company's express written consent, engage in
any employment or business activity, which is competitive
with, or would otherwise conflict with, my employment by the
Company. I agree further that for the period of my employment
by the Company and for one (1) year after the date of
termination of my employment by the Company, I will
not induce any employee of the Company to leave the employ of
(Am. Compl., Ex. A at 3 (hereinafter
“Paragraph Four”) (emphasis added).) Murchison
voluntarily resigned from Tripwire on September 2, 2016.
(Am. Compl. ¶ 14; Joint Stip. ¶
filed its complaint in Oregon state court. (ECF No. 1, Ex
A.) The complaint alleges four claims for relief under
Oregon law: (1) breach of contract; (2) violation of
Oregon's Trade Secrets Act, Or. Rev. Stat.
§§ 646.461-.475; (3) breach of fiduciary duty; and
(4) tortious interference with economic relations. (Am.
Compl. ¶¶ 33-73.) Tripwire relies on Paragraph
Four to support its first, third, and fourth claims. (Am.
Compl. ¶¶ 35, 37, 43, 59, 64-68, 70, 71.)
removed the case to federal court. (ECF No. 1.) The
parties filed cross-motions for summary judgment seeking to
resolve a disputed interpretation of Paragraph Four.
(Def.'s Mot. for Partial Summ. J.; Pl.'s
Mot. for Partial Summ. J.)
STANDARD OF REVIEW
judgment is appropriate where there are no genuine issues of
material fact and the moving party is entitled to judgment as
a matter of law. Fed. R. Civ. P. 56(a). On a motion
for summary judgment, the court must view the facts in the
light most favorable to the non-moving party, and draw all
reasonable inferences in favor of that party. Porter v.
Cal. Dep't of Corr.,419 F.3d 885, 891 (9th Cir.
2005). The court does not assess the credibility of
witnesses, weigh evidence, or determine the truth of matters
in dispute. Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 249 (1986). “Where the record taken as a
whole could not lead a rational trier of fact to find for the