Roger Connell v. Wells Fargo & Company, et

Roger Connell and Richard Ashcroft appeal the district court’s dismissal of their diversity action against Wells Fargo based on a forfeiture provision of a deferred compensation plan. The action was dismissed under Rule 12(b)(6) for “failure to state a claim upon which relief can be granted” on the basis that the plan contained a North Carolina choice-of-law provision which allowed forfeiture under the terms to which the parties agreed. See Fed. R. Civ. P. 12(b)(6). The district court granted the dismissal with prejudice, finding that the parties’ choice of North Carolina law governed and that the forfeiture provision is valid and enforceable. This court has considered this appeal on the basis of the briefs,.the record, and oral argument. Having done so, we conclude that the matter should be affirmed, essentially for the reasons stated by the district court. Because the district court did not err, we AFFIRM. All outstanding motions are DENIED.