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 MOTION TO
v. DISMISS
FISHER ASSET MANAGEMENT, LLC, et Re: ECF No. 37 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. 37. The Court will grant the motion. I. BACKGROUND Because the facts are well-known to the parties and the Court has summarized the background of this action in detail in its prior order, ECF No. 34, the Court will not repeat them in full here. In sum, Plaintiff Frank Liao worked for Fisher from October 18, 2004, through July 14, 2006, and was a participant in Fisher’s 401(k) Plan, a tax-qualified ERISA-regulated defined contribution plan. ECF No. 35 ¶¶ 4, 7. Under the Plan, participants may make 401(k) contributions through payroll withholding on a pre-tax basis. ECF No. 37-1 at 118. In addition, Fisher…