Tim Davis v. salesforce.com, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIM DAVIS; et al., No. 21-15867

Plaintiffs-Appellants, D.C. No. 3:20-cv-01753-MMC

v.

MEMORANDUM*

SALESFORCE.COM, INC.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted March 7, 2022 Phoenix, Arizona

Before: HAWKINS, PAEZ, and WATFORD, Circuit Judges.

Plaintiffs Tim Davis, Gregor Miguel, and Amanda Bredlow appeal from the

district court’s order granting defendants’ motion to dismiss their action under the

Employee Retirement Income Security Act of 1974 (ERISA) for failure to state a

claim. We reverse and remand for further proceedings.

1. Plaintiffs adequately alleged a claim for breach of the duty of prudence

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Page 2 of

under the pleading standard articulated in Bell Atlantic Corp. v.…