Raya

I. Background

26 On November 19, 2018, Plaintiff Robert Raya initiated this action by filing the 27 Complaint. (ECF No. 1). Raya, a former employee of Defendant/Counter Claimant 28 Calbiotech, Inc. (Calbiotech), alleges in the Complaint that Calbiotech violated ERISA, 29 U.S.C. § 1132, by failing or refusing to provide Plaintiff with a summary plan description of the company’s 401(k) profit sharing plan within thirty days of Plaintiff’s request. (Compl., ECF No. 1 ¶ 18). Raya seeks statutory penalties. Id. ¶ 19. On May 21, 2019, Calbiotech filed a Counterclaim, alleging that Raya breached a separation agreement Raya signed when he left Calbiotech by filing the Complaint. (Counterclaim, ECF No. 14). On June 13, 2019, Raya filed a Motion to Dismiss Calbiotech’s Counterclaim. (ECF No. 15). On July 5, 2019, Calbiotech filed Opposition. (ECF No. 16). No reply was filed. II. Allegations of the Counterclaim Robert Raya is a former employee of Calbiotech and a participant in Calbiotech’s 401(k) profit sharing plan. (Counterclaim, ECF No. 14 ¶ 1). On December 7, 2016, Raya and Calbiotech executed the Separation Agreement. …