Schuster
Schuster v. Swinerton Incorporated
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL S SCHUSTER, et al., Case No. 3:24-cv-04970-JSC
Plaintiffs,
ORDER RE: MOTION TO DISMISS
v. AMENDED COMPLAINT
SWINERTON INCORPORATED, et al., Re: Dkt. No. 27 Defendants.
12 Plaintiffs bring this Employee Retirement Income Security Act (“ERISA”) breach of fiduciary duty action on behalf of a putative class of participants in a retirement savings plan Swinerton Incorporated offered its employees. Defendants move to dismiss the Amended Complaint for failure to state a claim. (Dkt. No. 27.1) After carefully considering the arguments and briefing submitted, the Court concludes oral argument is unnecessary, see Civ. L.R. 7-1(b), VACATES the April 24, 2025 hearing, and DENIES the motion to dismiss. FAC ALLEGATIONS Plaintiffs Michael S. Schuster and Juan C. Del Barco are former Swinerton employees and participants in Swinerton’s Section 401(k) defined contribution benefit plan (“the Plan”). (Amended…