Reichert

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN REICHERT, et al., Case No. 21-cv-06213-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 41 JUNIPER NETWORKS, INC., et al., Defendants.

12 The motion to dismiss, Dkt. No. 41, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing set for April 28, 2022, is vacated. The parties’ familiarity with the record is assumed, and the motion is denied. Plaintiffs allege that defendants Juniper Networks and affiliated entities (Juniper) mismanaged a defined contribution plan, namely an employee 401(k) plan, by paying unreasonably high fees for plan services, choosing high-priced investments over options with lower costs and better returns, not monitoring the plan adequately, and not disclosing plan information to participants. Dkt. No. 38 (Am. Compl.). Plaintiffs say this conduct violated Juniper’s fiduciary duty of prudence under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. …