Arias et al v. Allstate Texas Lloyd's

Filing 23

MEMORANDUM OPINION AND ORDER. Signed by Judge David C Guaderrama. (gp)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

MELINA ARIAS and LYDIA ARIAS,

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Plaintiffs,

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v.

ALLSTATE TEXAS LLOYD'S,

EP-16-CV-00314-DCG

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Defendant.

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MEMORANDUM OPINION AND ORDER

Onthis day, the Court considered Plaintiffs Melina Arias and Lydia Arias' ("Plaintiffs")
"Opposed Motion to Remand and Briefin Support" ("Plaintiffs' Motion to Remand") (ECF No.
7), filed on September 1, 2016. Defendant Allstate Texas Lloyd's ("Defendant") filed a response

("Defendant's Response") (ECF No. 8) on September 7. Plaintiffs filed a reply ("Plaintiffs'
Reply") (ECF No. 10) on September 14. Defendant filed a Sur-Reply (ECF No. 18) on
November 16. Having considered the parties' arguments, in view of the applicable law, the
Court GRANTS Plaintiffs' Motion to Remand.
I.

BACKGROUND

On June 13, 2016, Plaintiffs brought this action in the County Court at Law No. 6 of El

Paso County, Texas, asserting state law causes of action based on an insurance claim Plaintiffs

made following damage to their property from a hail/wind storm.1 Notice ofRemoval at 1, ECF
No. 1; id, Ex. B-l ffi| 5.1-5.3. Defendantwas servedwith the state court petition on July 5.
Notice of Removal at 2.

1 Plaintiffs asserted claims for noncompliance with various provisions ofthe Texas Insurance
Code, common law fraud, conspiracy to commit fraud, breach of contract, and breach of the common law
duty of good faith and fair dealing. Notice of Removal, Ex. B-l fflj 6.1-10.2, ECF No. 1-3.