VISENDI v. BANK OF AMERICA, N.A.

No. 13-16747.

733 F.3d 863 (2013)

Carla VISENDI; 159 Other Named Individuals, Plaintiffs-Appellees, v. BANK OF AMERICA, N.A.; Countrywide Financial Corporation; Bank of New York Mellon Corporation; Countrywide Home Loans, Inc.; BAC Home Loans Servicing; Recontrust Company, NA; Aurora Loan Services LLC; Bank of The West, a California State Banking Corporation; Federal Home Loan Mortgage Corporation; Federal National Mortgage Association; Greentree Servicing, LLC; HSBC Bank USA, N.A.; UBS Real Estate Securities, Inc; US Bank, NA; Wells Fargo Bank, N.A., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2013.


Attorney(s) appearing for the Case

Douglas E. Winter (argued), Bryan Cave LLP, Washington, D.C.; Robert E. Boone III , Nafiz Cekirge , and Brian J. Recor , Bryan Cave LLP, Santa Monica, CA, for Defendants-Appellants.

Kristin Day (argued) and Jamie Edwards Quadra (argued), Quadra Day, PC, Roseville, CA, for Plaintiffs-Appellees.

Before: DOROTHY W. NELSON, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

In this appeal, we address whether Defendants-Appellants (Defendants) properly removed a 137-plaintiff action from state court to federal court under the Class Action Fairness Act of 2005 (CAFA), Pub.L. No. 109-2, 119 Stat. 4 (2005). We also consider whether Plaintiffs-Appellees (Plaintiffs) are misjoined under Federal Rule of Civil Procedure 20(a). We answer both questions...

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