Van Kirk v. T. Rowe Price Assocs. Inc.

MEMORANDUM AND ORDER   On October 22, 2019, the pro se plaintiff brought this action in the Queens County Supreme Court (Index No. 717899/2019), against T. Rowe Price and Sempra Energy,¹ seeking to recover the proceeds of a 401(k) retirement plan that he claims the defendants improperly disbursed in 2012. (ECF No. 1-1 at 3-5, “Complaint.”) The defendants removed the action to this Court on January 3, 2020, pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §1001, et seq., which governs “employment benefit plans” like the plaintiff’s 401(k) plan. (ECF No. 1.) On January 31, 2020, the defendants moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 11.) For the reasons set forth below, the defendants’ motion is granted, and the plaintiff is given leave to amend his complaint. BACKGROUND² The plaintiff worked for SDG&E for ten years before retiring in October of 2009. (Compl. 2.) During his employment, the plaintiff contributed to a 401(k) retirement plan administered by defendant T. Rowe Price. (Id.)³ On March 1, 2012, T. Rowe Price issued a check to the plaintiff in the amount of $165,372.08, which constituted the entirety of his 401(k) account minus taxes. (Id. 3.) An agent purportedly acting on the plaintiff’s behalf via a written power of attorney authorized the disbursement and requested that T. Rowe Price mail the check to the plaintiff at 6234 138th Street, Flushing, NY 11367. (Id.