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COUNTRYMAN v. FARMERS INS. EXCHANGE

No. 11-1066.

639 F.3d 1270 (2011)

Lawrence COUNTRYMAN, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. FARMERS INSURANCE EXCHANGE, an insurer, and owner of Mid-Century Insurance Company; Mid-Century Insurance Company, a California corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 10, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Thomas P. Johnson , Janette L. Ferguson , Terry R. Miller of Davis Graham & Stubbs, LLP, Denver, CO, and David L. Yohai of Weil, Gotshal & Manges, LLP, New York, NY, for Defendants-Appellants.

Robert B. Carey of Hagens Berman Sobol Shapiro, LLP, Phoenix, AZ, and Megan Elizabeth Waples , Leif Garrison , Craig Valentine of Hagens Berman Sobol Shapiro, LLP, Colorado Springs, CO, for Plaintiff-Appellee.

Before KELLY, O'BRIEN, and TYMKOVICH, Circuit Judges.

PER CURIAM.

Defendants-Appellants Farmers Insurance Exchange ("Farmers Insurance") and Mid-Century Insurance Company ("Mid-Century Insurance") removed a putative class action from state court to federal district court. Upon motion of Plaintiff-Appellee, Lawrence Countryman, the federal district court remanded the action to state court based on a procedural defect in Defendants' joint notice of removal. Defendants petitioned this court pursuant to 28 U.S.C. §...

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