Bracalente
Bracalente v. Cisco Systems, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 9 ROBERT BRACALENTE, et al., Case No. 22-cv-04417-EJD Plaintiffs, ORDER GRANTING MOTION TO
DISMISS THIRD AMENDED
v. COMPLAINT CISCO SYSTEMS, INC., Re: ECF No. 102 Defendant. 14 15 This putative ERISA class action is brought by individual participants (“Plaintiffs”) in Defendant Cisco Systems, Inc.’s 401(k) Plan (the “Plan”) and alleges that Cisco breached its ERISA fiduciary duties by offering certain BlackRock LifePath Index Funds (“BlackRock TDFs”). On August 11, 2023, the Court granted Cisco’s motion to dismiss the complaint with leave to amend, and on May 20, 2024, the Court dismissed the second amended complaint, again with leave to amend. ECF Nos. 74, 97 (“SAC Order”). Before the Court is Cisco’s Motion to Dismiss the Third Amended Complaint (“TAC”) under Rule 12(b)(6) (“Motion” or “Mot.”), ECF No. 87.1 The Court found the matter suitable for decision without oral argument…