Bozzini

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TERA BOZZINI, et al., Case No. 22-cv-05667-AMO

Plaintiffs,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 69, 70, 73 FERGUSON ENTERPRISES LLC, et al., Defendants.

12 This order assumes familiarity with the factual allegations and procedural background of this putative ERISA class action, the relevant legal authority, and the parties’ arguments. The Court rules on the three pending motions to dismiss1 as set forth below. The Ferguson Defendants’ motion to dismiss is GRANTED IN PART AND DENIED IN PART. Plaintiffs’ first cause of action for breach of the fiduciary duty of prudence is DISMISSED WITH LEAVE TO AMEND. Plaintiffs’ allegations that Defendants held on to underperforming funds, did not opt for lower cost shares, chose actively managed funds instead of passively managed index funds, and declined to invest better-performing funds, see ECF 80 at 16, do not, without further factual allegations, give rise to a breach of fiduciary duty claim. See Davis v.…