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SIZEMORE v. PACIFIC GAS & ELEC. RETIREMENT PLAN

No. C 13-00169 WHA.

939 F.Supp.2d 987 (2013)

Ruben SIZEMORE, Plaintiff, v. PACIFIC GAS & ELECTRIC RETIREMENT PLAN and Employee Benefit Committee of the Pacific Gas & Electric Retirement Plan, Defendants.

United States District Court, N.D. California.

March 25, 2013.

Attorney(s) appearing for the Case

Daniel Mark Feinberg , Lewis Feinberg Lee Renaker & Jackson, P.C., Kirsten Gibney Scott , Lewis, Feinberg, Lee, Renaker & Jackson, Oakland, CA, for Plaintiff.

Joshua M. Henderson , Kathleen Cahill Slaught , Michelle Marie Scannell , Seyfarth Shaw LLP, San Francisco, CA, for Defendants.

ORDER DENYING MOTION TO DISMISS

WILLIAM ALSUP, District Judge.

INTRODUCTION

Plaintiff filed an ERISA action seeking clarification of whether his pension plan accrued time during a six-year period. Defendants moved to dismiss because grievance procedures under the Labor Management Relations Act allegedly supersedes plaintiff's ERISA action. For the foregoing reasons, defendants' motion is DENIED.

STATEMENT

Plaintiff...

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