Brumfield

MEMORANDUM **

James Brumfield and his wife (Brumfield) appeal pro se from the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of their action alleging violations of ERISA and supplemental state law claims against Brumfield’s former employer, Fluor Han-ford, Inc., and its health care and disability insurers. Brumfield’s claims were based upon defendants’ alleged failure to inform Brumfield of the medically diagnosed condition of depression, defendants’ alleged wrongful termination of Brumfield, and defendants’ alleged failure to provide Brumfield with long term disability benefits. We have jurisdiction under 28 U.S.C. 1291. We review de novo the district court’s dismissal of a complaint for failure to state a claim. Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000).

After reviewing the appellate record and applicable law, we affirm the judgment of the district court and adopt the district court’s analysis.

Brumfield argues that defendants had an affirmative responsibility under the employment contract to follow up on any employee who is sent for a fitness for duty exam and then to remove him from employment if necessary. Brumfield also argues that the…