Raya

I. BACKGROUND

22 On November 19, 2018, Plaintiff Robert Raya, proceeding pro se, initiated this 23 action by filing a Complaint against Defendant Calbiotech, Inc. (“Calbiotech”). (ECF No. 24 1). In the Complaint, Raya, a former employee of Calbiotech, alleges that Calbiotech 25 violated the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 26 1132, by failing or refusing to provide Raya with a summary plan description of 27 Calbiotech’s 401(k) profit sharing plan within thirty days of Raya’s request. Raya seeks 28 On May 21, 2019, Calbiotech filed a Counterclaim against Raya. (ECF No. 14). Calbiotech alleges that by filing the Complaint, Raya breached a separation agreement Raya signed when he terminated his employment with Calbiotech. Calbiotech seeks declaratory relief, an order requiring Raya to pay back $12,500 in severance pay Raya received from Calbiotech, and attorneys’ fees and costs. On June 13, 2019, Raya filed a Motion to Dismiss Calbiotech’s Counterclaim. (ECF No. 15). On August 15, 2019, the Court denied Raya’s Motion to Dismiss. (ECF No. 17). On September 10, 2019, Calbiotech filed 1) a…