Bracalente
Bracalente v. Cisco Systems, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROBERT BRACALENTE, et al., Case No. 22-cv-04417-EJD
Plaintiffs, ORDER GRANTING MOTION TO
DISMISS
v.
CISCO SYSTEMS, INC., Re: ECF No. 87 Defendant.
13 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. On August 11, 2023, the Court granted Cisco’s motion to dismiss the complaint with leave to amend. Order Granting Motion to Dismiss (“Order”), ECF No. 74. Before the Court is Cisco’s Motion to Dismiss the Second Amended Complaint (“SAC”) under Rule 12(b)(6) (“Motion” or “Mot.”), ECF No. 87. The Court found the matter suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). Having carefully considered the pleadings, the Court GRANTS Cisco’s Motion and…