Lorenz
Lorenz v. Safeway, Inc.
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…