Kennedy v. Unumprovident Corp.

MEMORANDUM *

Plaintiff-Appellant Judith Kennedy filed this action as a class action alleging that Defendants have adopted a policy of improperly classifying fibromyalgia as a mental disorder rather than a physical illness in order to pay reduced disability benefits for fibromyalgia-based claims. Kennedy also alleged an unfair business practice claim under California Business and Professions Code § 17200. The Defendants moved to dismiss or strike the class action allegations on the ground that Kennedy could not satisfy the requirements for maintaining a class action under Rule 23 of the Federal Rules of Civil Procedure and to dismiss or strike the section 17200 claim. The district court granted that motion and gave Kennedy leave to amend to proceed only on her individual claims. When Kennedy declined to amend the district court dismissed the action for failure to prosecute. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). We may affirm a dismissal on any proper ground. See Vestar Dev.…