UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 DANIEL E. NAGY, et al., Case No. 23-cv-05648-RS Plaintiffs, 11 v. ORDER GRANTING IN PART AND DENYING IN PART MOTION TO CEP AMERICA, LLC, et al., DISMISS 13 Defendants.
I. INTRODUCTION In this putative Employee Retirement Income Security Act (“ERISA”) class action, Plaintiffs Daniel E. Nagy and Maria Romero bring causes of action averring various breaches of fiduciary duties and prohibited transactions against Defendants CEP America, LLC (d/b/a “Vituity”) and the MedAmerica Retirement & Benefits Committee (the “Committee”).1 Plaintiffs are participants in Vituity’s 401(k) Profit Sharing Plan (the “Plan”), which used Schwab Retirement Plan Services and its affiliates (collectively, “Schwab”) as its recordkeeper. Defendants move to dismiss the complaint pursuant to Rule 12(b)(1) on the grounds Plaintiff Nagy lacks Article III standing and Rule 12(b)(6) on the grounds Plaintiffs…