Smith v. I.A.T.S.E. Local 16 Pension Plan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KIM SMITH, Case No. 19-cv-03573-DMR

8 Plaintiff, ORDER ON DEFENDANT'S MOTION 9 v. TO DISMISS

10 I.A.T.S.E. LOCAL 16 PENSION PLAN, Re: Dkt. No. 7 11 Defendant.

12 On June 19, 2019, Plaintiff Kim Smith filed a complaint on behalf of a putative class against 13 Defendant I.A.T.S.E. Local 16 Pension Plan (the “Plan”), alleging various violations of the 14 Employment Retirement Income Security Act (“ERISA”). [Docket No. 1 (“Compl.”).] The Plan 15 now moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). 16 [Docket Nos. 7 (“Mot.”), 14 (“Reply”).]. Smith timely opposed. [Docket No. 13 (“Opp.”).] The 17 court held a hearing on October 24, 2019. 18 Having considered the parties’ briefs and oral arguments, the court grants in part and denies 19 in part the Plan’s motion. 20 I. BACKGROUND 21 The following facts are taken from Smith’s complaint. The Plan is an employee pension 22 benefit…