Raya

I. BACKGROUND

22 On November 19, 2018, Plaintiff Robert Raya, proceeding pro se, filed a Complaint 23 against Defendant Calbiotech, Inc. (“Calbiotech”). (ECF No. 1). In the Complaint, Raya 24 alleges that he is a former employee of Calbiotech and a beneficiary of its 401(k) profit 25 sharing plan. Raya alleges that he made seven written requests to Calbiotech for a copy of 26 the 401(k) summary plan description between July 16, 2016, and February 23, 2018. Raya 27 alleges that Calbiotech provided “false or fraudulent” summary plan descriptions to Raya 28 Calbiotech “failed or refused to provide a [s]ummary [p]lan [d]escription or a written plan description of any kind . . . until after [Raya’s] [seventh] request,” when Calbiotech provided Raya with “Calbiotech Inc. Volume Submitter Profit Sharing/401(k) Plan Adoption Agreement” on February 26, 2018. (Id. ¶ 9). Raya brings one claim against Calbiotech for failing to provide Raya with a summary plan description of Calbiotech’s 401(k) profit sharing plan within thirty days of Raya’s written request in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”). Raya seeks statutory 8 …