Lorenz

Lorenz v. Safeway, Inc.

Bad Law
241 F. Supp. 3d 1005·2017 WL 952883·62 Employee Benefits Cas. (BNA) 2826·2017 U.S. Dist. LEXIS 35731
United States District Court, Northern District of CaliforniaMarch 13, 2017Case No. 16-cv-04903-JSTCalifornia10,410 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

Re: ECF Nos. 36,

Before the Court are Defendants’ motions to dismiss; The Court will grant the motions in part and deny them in part.

*1010 I. BACKGROUND

For the purpose of deciding this motion, the Court accepts as true the following allegations from Plaintiffs Second Amended Complaint (“SAC”), ECF No. 31. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).

A. Parties

Plaintiff Dennis M. Lorenz participates in Safeway’s 401(K) Plan (“the Plan”). ECF No. 31 f 8. Defendant Safeway, Inc. sponsors the Plan, and Defendant Safeway Benefit Plans Committee administers the Plan (collectively “Safeway Defendants”). Id. ¶¶ 10-11. Defendant Great-West Financial RPS LLC d/b/a Empower Retirement (“Great-West”) began providing record-keeping services for the Plan in September 2014 when it acquired the record-keeping business from JP Morgan Retirement Plan Services, and stopped providing recordkeeping services for the Plan in July 2016. Id. ¶¶ 12-14.

B. Master Services Agreement

On January 1, 2009, the Safeway Defendants entered into a master services agreement to compensate JP Morgan Retirement Plan Services for its…

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