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GARDNER v. UICI

No. 06-55045.

508 F.3d 559 (2007)

Charles H. GARDNER, Plaintiff-Appellee, v. UICI, a Texas corporation; National Association for the Self Employed, a Texas corporation; PFL Life Insurance Company, an Iowa corporation; Transamerica Life Insurance Company, an Iowa corporation; Steven Alan Heyman, Defendants, and Mega Life And Health Insurance Company, an Oklahoma corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2007.

Attorney(s) appearing for the Case

Andre J. Cronthall (briefed and argued), Fred R. Puglisa (briefed), Catherine La Tempa (briefed), Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, CA, for the defendant-appellant.

A. Douglas Mastroianni, Peter L. Weinberger & Associates, Los Angeles, CA, for the plaintiff-appellee.

Before: STEPHEN S. TROTT, A. WALLACE TASHIMA, and JOHNNIE B. RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

The district court awarded fees and costs to Appellee Charles H. Gardner (Gardner) upon remanding this case to the state court from which it was removed. Because we conclude that the Mega Life And Health Insurance Company (MEGA) had an objectively reasonable basis for removal, we reverse the district court's award of fees and costs.

I. FACTS AND PROCEDURAL HISTORY

In 1994, Gardner purchased health insurance from PFL Life...

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