Wehner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MATTHEW WEHNER, Case No. 20-cv-06894-WHO

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS FIRST AMENDED

COMPLAINT; RULING ON

GENENTECH, INC., et al., DISCOVERY DISPUTE Defendants. Re: Dkt. Nos. 51,

12 Plaintiff Matthew Wehner, a participating employee of the U.S. Roche 401(k) Savings 13 Plan (the “Plan” or “Roche Plan”), brings this class action under the Employee Retirement Income 14 Security Act (“ERISA”), 29 U.S.C. § 1132, against defendants Genentech, Inc. (“Genentech”) and 15 the U.S. Roche DC Fiduciary Committee (“Committee”) for breach of their fiduciary duties and 16 related breaches of applicable law. On February 9, 2021, I granted defendants’ motion to dismiss 17 the Complaint for failure to state a claim with leave to amend. Defendants now move to dismiss 18 the First Amended Complaint. 19 Out of the fifteen market comparators Wehner provides for his excessive fee claim, the 20 Danaher Corporation…