Mayeux v. State Farm Insurance Company
ORDER denying 75 Motion And Request For An Evidentiary Hearing to Investigate The Conduct And Alleged Improper Actions of Non-Parties.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) Modified on 2/9/2017 (lusmith, 3).
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
STATE FARM INSURANCE COMPANY, §
February 09, 2017
David J. Bradley, Clerk
CIVIL ACTION NO. 3:15-CV-52
Pending before the Court is Defendants’ Motion and Request for an Evidentiary
Hearing to Investigate the Conduct and Alleged Improper Actions of Non-Parties. Dkt.
The request involves Kelli Torres Villagomez of J.K. Core Enterprises.
Villagomez was designated as an expert witness by Plaintiff and submitted an estimate of
damage with attached photographs.
According to Defendants, the estimate and
photographs were remarkably similar to those submitted in an earlier claim for damage.
After Defendants discovered these similar claims, the Court dismissed the case with
prejudice on Plaintiff’s motion in a final judgment. Dkt. 73.
The Court has an inherent “power to conduct an independent investigation in order
to determine whether it has been the victim of fraud.” Chambers v. NASCO, Inc., 501
U.S. 32, 44 (1991). This power “must be exercised with restraint and discretion.” The
allegations of fraud raised here by Defendants are serious indeed. However, under the
circumstances that exist here, the Court declines to hold an evidentiary hearing on alleged
improper actions. The subject of these allegations is a non-party. The Defendants have
independent sources of recourse against these allegations. Most importantly, the alleged
attempted fraud was unable to be perpetrated because the Court dismissed the case with
prejudice. For these reasons, the Court hereby DENIES Defendants’ Motion.
SIGNED at Galveston, Texas, this 9th day of February, 2017.
George C. Hanks Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?