Liao
Liao v. Fisher Asset Management, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK LIAO, Case No. 24-cv-02036-JST
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION TO DISMISS
FISHER ASSET MANAGEMENT, LLC, et Re: ECF No. 16 al., 11 Defendants.
12 Before the Court is Defendant Fisher Asset Management LLC and The Fisher Investments 401(k) Plan’s (collectively “Fisher”) motion to dismiss. ECF No. 16. The Court will grant the motion. I. BACKGROUND Plaintiff Frank Liao is a former employee of Fisher. ECF No. 1 ¶ 7. He worked for Fisher from October 18, 2004, through July 14, 2006. Id. As a benefit of his employment, he was a participant in Fisher’s 401(k) Plan, a tax-qualified ERISA-regulated defined contribution plan. Id. ¶¶ 4, 7. Under the Plan, participants may make 401(k) contributions through payroll withholding on a pre-tax basis. ECF No. 16-1 at 118. In addition, Fisher matches these contributions up to a set percent by contributing money to the participant’s account. Id. at 128–129. …