Daniel Draney v. Westco Chemicals, Inc.

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6 7 United States District Court 8 Central District of California 9 10 11 DANIEL DRANEY and LORENZO Case № 2:19-cv-01405-ODW (AGRx) IBARRA, individually and on behalf of all 12 others similarly situated, ORDER DENYING WITHOUT PREJUDICE MOTION FOR CLASS Plaintiffs, CERTIFICATION AND MOTION v. FOR PRELIMINARY APPROVAL 15 WESTCO CHEMICALS, INC., et al., OF CLASS ACTION SETTLEMENT [60] Defendants. 17 I. INTRODUCTION AND FACTUAL BACKGROUND Plaintiffs Daniel Draney and Lorenzo Ibarra are employees of Defendant Westco 20 Chemicals, Inc., whose principals are Defendants Ezekiel Zwillinger and Steven 21 Zwillinger. (First Am. Compl. (“FAC”) ¶¶ 14–15, 17–18, ECF No. 23.) Plaintiffs 22 participated in Westco’s 401(k) Plan, a defined-contribution, individual account 23 pension plan subject to the Employee Retirement Income Security Act (“ERISA”), 24 29 U.S.C. §§ 1001–1461. (FAC ¶¶ 1–2.) Plaintiffs allege that throughout most of the 25 2010s, the Zwillingers, as Westco’s …