Hutchins

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 PAUL HUTCHINS, Case No. 23-cv-05875-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

HP INC., et al., [Re: ECF No. 25] Defendants.

12 This purported class action presents a novel question: Whether and under what circumstances is a plan administrator’s decision to use “forfeited” employer contributions to a retirement plan to reduce employer contributions rather than to pay administrative costs a violation of the Employee Retirement Income Security Act (“ERISA”)? Plaintiff Paul Hutchins has opened with a swing for the fences—his Complaint takes the position that a failure to use forfeited contributions to pay administrative costs is always a violation of ERISA. Defendants HP Inc. (“HP”) and the HP Inc. Plan Committee (“Committee”) disagree and have moved to dismiss the Complaint. ECF No. 25 (“Mot.”). Plaintiff opposes the motion. ECF No. 34…