Terraza
Terraza v. Safeway Inc.
Opinion
Lead Opinion
Tigar, J.
ORDER DENYING MOTION TO DISMISS
Re: ECF No.
Before the Court is Defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. 46. The Court will deny the motion.
I. BACKGROUND
For the purpose of deciding this motion, the Court accepts as true the following allegations from Plaintiffs First Amended Complaint, ECF No. 37. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).
A. Parties
Plaintiff Maria Karla Terraza was a participant in Safeway’s 401(k) plan (“the Plan”). ECF No. 37 ¶ 7. Defendants Safeway, Inc. and Safeway Benefit Plans Committee (collectively “Safeway Defendants”) sponsor and administer the Plan, respectively. Id. ¶¶8-9. Defendants, Does 1-10, are members of the Benefit Plans Committee. Id. ¶ 10.
B. Recordkeepers
JP Morgan Retirement Plan Services was the record-keeper for the Plan until September 2014. ECF No. 54-1 at 8. At that point, Great-West Financial RPS LLC d/b/a Empower Retirement (“Great-West”) acquired JP Morgan Retirement Plan Services and began to provide record-keeping services to the Plan. ECF No. 54-1 at 20. In July 2016, Vanguard became the new record-keeper for the Plan. ECF No.…