Sanchez et al v. SAFECO Insurance Company of Indiana et al

Filing 46

MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendant's No Evidence Partial Motion for Summary Judgment (Dkt. # 43 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/23/2020. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MIKE AND JACQUELINE SANCHEZ
Plaintiffs,
v.
SAFECO INSURANCE COMPANY OF
INDIANA
Defendant.

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Civil Action No. 4:17-CV-00892
Judge Mazzant

MEMORANDUM OPINION AND ORDER
Pending before the Court is Defendant’s No Evidence Partial Motion for Summary
Judgment (Dkt. #43). Defendant’s Motion was filed under Texas Rule of Civil Procedure 166(a)(i)
(Dkt. #43). In Plaintiffs’ Response to Defendant’s No-Evidence Partial Motion for Summary
Judgment, Plaintiffs agree that Texas Rule of Civil Procedure 166(a) governs (Dkt. #44). Both
parties are mistaken. This action, having been removed to federal court (Dkt. #1), is governed by

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the Federal Rules of Civil Procedure. The Texas Rules of Civil Procedure have no application
here. Because Defendant’s Motion is procedurally deficient, Defendant’s Motion is denied.
It is therefore ORDERED that Defendant’s No Evidence Partial Motion for Summary
Judgment (Dkt. #43) is hereby DENIED.

SIGNED this 23rd day of January, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE