UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MATTHEW WEHNER,
Case No. 20-cv-06894-RS Plaintiff, 11 v. ORDER DENYING MOTION FOR ENTRY OF JUDGMENT GENENTECH, INC., et al., 13 Defendants.
I. INTRODUCTION Plaintiff Matthew Wehner moves for entry of final judgment on dismissed claims under Federal Rule of Civil Procedure 54(b). He sued under the Employee Retirement Income Security Act (“ERISA”), averring two “counts” in his Complaint: breach of fiduciary duty and failure to monitor co-fiduciaries’ breaches. The factual bases for each were that the managers of his retirement plan charged excessive fees and made poor investment decisions. A previous order dismissed the portions of each claim that related to the investment decisions. Wehner now argues his Complaint made two claims: one about the fees, and one about the other mismanagement. Thus, he contends he is eligible for a certification of final judgment under Rule 54(b), which…