Daniel Draney v. Westco Chemicals, Inc.

O

6 7 United States District Court Central District of California 10 11 DANIEL DRANEY, Case №. 2:19-cv-01405-ODW (AGRx) Plaintiffs,

ORDER GRANTING DEFENDANTS’

v.

MOTION TO DISMISS [24]

14 WESTCO CHEMICALS, INC. ET AL., Defendants. 16 I. INTRODUCTION Daniel Draney (“Draney”) and Lorenzo Ibarra (“Ibarra”) (collectively, 19 “Plaintiffs”) for themselves and on behalf of the: (1) Westco Chemicals, Inc. Profit 20 Sharing 401(k) Plan (“401(k) Plan”) and (2) Westco Chemicals Defined Benefit 21 Pension Plan (“Defined Benefit Plan”) (collectively, the “Plans”), bring this action 22 against Westco Chemicals, Inc. (“Westco”), Ezekiel “Alan” Zwillinger (“Alan”), and 23 Steven Zwillinger (“Steven”) (collectively “Defendants”) for violations of the 24 Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (“ERISA”). (First 25 Amended Compl. (“FAC”) ¶ 1, ECF No. 23.) Defendants now seek dismissal of the 26 first two claims in so far as they relate to the Defined Benefit Plan (“Motion”). (Def.s’ 27 Mot. to …