OJO v. FARMERS GROUP, INC.

No. 06-55522.

600 F.3d 1201 (2010)

Patrick O. OJO, Attorney, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. FARMERS GROUP, INC.; Fire Underwriters Association; Fire Insurance Exchange; Farmers Underwriters Association; Farmers Insurance Exchange, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 9, 2010.


Attorney(s) appearing for the Case

Sanford Svetcov, Susan K. Alexander, Maria V. Morris, Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA; Andrew S. Friedman, Wendy J. Harrison, Gustave A. Hanson, Bonnett Fairbourn Friedman & Balint, P.C., Phoenix, AZ, for the plaintiffs-appellants.

Harriet S. Posner, Whitney Walters, Carl Alan Roth, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for the defendants-appellees.

Linda F. Thome, Civil Rights Division, United States Department of Justice, Washington, D.C., for amicus curiae the United States.

D. Scott Chang, Stephen M. Dane, John P. Relman, Relman & Dane PLLC, Washington, D.C.; Joseph D. Rich, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., for amici curiae National Fair Housing Alliance, Lawyers' Committee for Civil Rights Under Law, Greater Houston Fair Housing Center, Austin Tenants' Council, and Fair Housing Council of Greater San Antonio.

Before ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, MICHAEL DALY HAWKINS, SUSAN P. GRABER, M. MARGARET McKEOWN, WILLIAM A. FLETCHER, RONALD M. GOULD, RICHARD R. CLIFTON, MILAN D. SMITH, JR., SANDRA S. IKUTA and N. RANDY SMITH, Circuit Judges.


ORDER

PER CURIAM:

We respectfully certify to the Supreme Court of Texas the question of law set forth in this order, pursuant to Texas Rule of Appellate Procedure 58. The question of law is determinative of the matter pending before this court, and there is no clearly controlling precedent in the decisions of the Supreme Court of Texas.

I

We summarize the material facts: Patrick O. Ojo is an African-American resident of Texas and the owner...

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