Harrington

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL J HARRINGTON, et al., Case No. 23-cv-06296-HSG

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS

v. Re: Dkt. No. 28 FEDERAL DEPOSIT INSURANCE

CORPORATION,

11 Defendant. 12 Pending before the Court is Defendant Federal Deposit Insurance Corporation’s motion to dismiss. Dkt. No. 28. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court will GRANT the motion. I. BACKGROUND On December 5, 2023, Plaintiffs – a group of former First Republic Bank (“FRB”) employees who represent that they constitute a majority of the participants in FRB’s Deferred Compensation Plan – filed a complaint against the Federal Deposit Insurance Corporation (“FDIC-R” or “Defendant”) in its capacity as FRB receiver. See generally Dkt. No. 1 (“Compl.”). In their complaint, Plaintiffs allege that the FDIC-R unlawfully “relegated the Plaintiffs to wholly…