Chandler v. State Farm Mutual Automobile Insurance

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STUART CHANDLER, individually  No. 09-55123 and on behalf of a class of others D.C. No. similarly situated, 2:08-cv-03184- Plaintiff-Appellant, v.  GAF-E Central District of STATE FARM MUTUAL AUTOMOBILE California, INSURANCE COMPANY, Los Angeles Defendant-Appellee.  ORDER Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding Argued and Submitted March 5, 2010—Pasadena, California Filed March 17, 2010 Before: Pamela Ann Rymer and Kim McLane Wardlaw, Circuit Judges, and Stephen M. McNamee,* Senior District Judge. *The Honorable Stephen M. McNamee, Senior United States District Judge for the District of Arizona, sitting by designation. 4361 4362 CHANDLER v. STATE FARM MUTUAL COUNSEL Don Howarth, Howarth & Smith, Los Angeles, California, for the plaintiff-appellant. Kevin J. Dunne, Sedgwick, Detert, Moran & Arnold LLP, San Francisco, California, (argued); Kirk C. Jenkins, Sedgwick, Detert, Moran & Arnold LLP, Chicago, Illinois, for the defendant-appellee. ORDER We affirm for the reasons stated by the district court in its published opinion at 596 F.Supp.2d 1314 (C.D. Cal. 2008), attached as Appendix A. AFFIRMED. CHANDLER v. STATE FARM MUTUAL 4363 APPENDIX A 4364 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4365 4366 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4367 4368 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4369 4370 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4371 4372 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4373 4374 CHANDLER v. STATE FARM MUTUAL CHANDLER v. STATE FARM MUTUAL 4375 4376 CHANDLER v. STATE FARM MUTUAL