Smith v. Fidelity Workplace Services LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY SMITH, Case No. 21-cv-03941-JD

Plaintiff,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 12, 13 FIDELITY WORKPLACE SERVICES LLC, et al., 11 Defendants.

12 This is a breach of contract case relating to a pension plan. Dkt. No. 1-1. Plaintiff Timothy Smith originally filed the lawsuit in Alameda County Superior Court, and alleged claims for breach of contract and common counts of money had and received, and “an open book account for money due.” Id. Defendants AT&T Services, Inc. and Fidelity Workplace Service LLC removed to this Court on the basis of complete preemption by the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., see Dkt. No. 1 ¶¶ 7, 10. Smith did not seek a remand. Defendants ask to dismiss the complaint for failure to state a claim under Rule 12(b)(6) because the claims are preempted by ERISA, and barred by the statute of limitations. Dkt. Nos. 12, 13. The parties’ familiarity with the record is…