Metaxas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 POPPI METAXAS, Case No. 20-cv-01184-EMC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

GATEWAY BANK, F.S.B., et al., Defendant. Docket No. 127

12 This is an ERISA denial of benefits case involving whether Plaintiff is entitled to benefits under the terms of a supplemental executive retirement plan. Plaintiff was the President and Chief Executive Officer for Defendant Gateway Bank prior to her disability and was a beneficiary of supplemental retirement benefits under it. Plaintiff brings against Defendant three claims of (1) a denial of benefits claims under ERISA §502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B); (2) breach of duty of good faith under ERISA §502(a)(3), 29 U.S.C. § 1132(a)(3N); and (3) failure to produce required documents under ERISA §502(a)(1)(A), 29 U.S.C. § 1132(c). Now pending is the Defendant’s motion to dismiss Plaintiff’s complaint pursuant to Fed. 21…