Anderson v. State Farm Mutual Automobile Insurance Co., No. 15-35981 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the district court's denial of plaintiffs' motion to remand to state court. The panel joined the Fourth Circuit in holding that receipt of an initial pleading by a statutorily designated agent does not begin the thirty-day removal clock under 28 U.S.C. 1446(b)(1), and that it was instead actual receipt by State Farm that started the removal clock. The panel applied this rule and held that State Farm timely removed the case where removal was calculated from when the forwarded copy of the complaint reached State Farm's designated recipient.
Court Description: Removal The panel affirmed the district court’s denial of plaintiffs’ motion to remand to state court, and held that the defendant insurer timely removed an insurance coverage case to federal court. The panel held that receipt of an initial pleading by a statutorily designated agent did not begin the thirty-day removal clock under 28 U.S.C. § 1446(b)(1), and it was actual receipt by the insurer that started the removal clock. Applying this rule, the panel concluded that the insurer timely removed the case. In a contemporaneously filed memorandum disposition, the panel affirmed in part and vacated in part the remainder of the judgment, and remanded for further proceedings.
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