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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KIM SMITH, Case No. 19-cv-03573-DMR

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

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

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