PARTIDA
PARTIDA v. Schenker Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIEGA PARTIDA, Case No. 22-cv-09192-AMO
Plaintiff,
ORDER DENYING MOTION TO
v. TRANSFER AND GRANTING
MOTION TO DISMISS
SCHENKER INC., et al., Re: Dkt. Nos. 24, 39 Defendants.
12 Defendants’ motion to transfer venue and motion to dismiss were heard before this Court on October 26, 2023. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal authority, the Court hereby DENIES the motion to transfer and GRANTS the motion to dismiss for the following reasons. I. BACKGROUND1 Plaintiff Diego Partida is a California resident and former employee of Defendant Schenker, Inc. (“Schenker”) who participates in Schenker’s 401(k) Savings and Investment Plan (the “Plan”). First Amended Complaint (“FAC”) (ECF 32) ¶¶ 1, 9. Schenker sponsors and administers the “defined contribution” retirement plan, which enables participants to select…