Bracalente

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROBERT BRACALENTE, et al., Case No. 5:22-cv-04417-EJD

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS

v.

CISCO SYSTEMS, INC., et al., Defendants.

This putative ERISA class action is brought by individual participants (“Plaintiffs”) in Defendant Cisco Systems, Inc.’s (“Cisco”) 401(k) Plan (“Plan”) and alleges that Cisco breached its ERISA fiduciary duties by offering certain BlackRock LifePath Index Funds. Cisco has moved to dismiss the Complaint under Rule 12(b)(6) (“Motion”), and two amicus briefs have also been filed in support of Cisco’s Motion. Having reviewed the parties’ briefs, the amicus curiae briefs, the statements of recent decision, and parties’ arguments at hearing, the Court GRANTS Cisco’s Motion to Dismiss with LEAVE TO AMEND. I. BACKGROUND A. Parties and the Plan Plaintiffs Robert Bracalente and Boris Gdalevich (collectively, “Plaintiffs”) have brought this action both…