Roger Connell, et al v. Wells Fargo & Company, et al
UNPUBLISHED OPINION FILED. [16-20679 Affirmed ] Judge: WED , Judge: JEG , Judge: GJC Mandate issue date is 11/24/2017; denying motion to supplement the record on appeal filed by Appellants Mr. Roger Connell and Mr. Richard Ashcroft [8439551-2]; denying motion for judicial notice filed by Appellants Mr. Roger Connell and Mr. Richard Ashcroft [8439551-3] [16-20679]
Date Filed: 11/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
November 2, 2017
ROGER CONNELL; RICHARD ASHCROFT,
Lyle W. Cayce
Plaintiffs - Appellants
WELLS FARGO & COMPANY; WELLS FARGO ADVISORS, L.L.C.; DOES
Defendants - Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-2841
Before DAVIS, GRAVES, and COSTA, Circuit Judges.
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
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Date Filed: 11/02/2017
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.
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