Espinoza v. Allstate Texas Lloyd's

Filing 25

MEMORANDUM OPINION AND ORDER DENYING 7 Motion to Remand to State Court Signed by Judge David C Guaderrama. (scf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

BLANCA ESPINOZA,

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Plaintiff,

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EP-16-CV-00318-DCG

v.

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ALLSTATE TEXAS LLOYD'S,

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Defendant.

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MEMORANDUM OPINION AND ORDER

On this day, the Court considered Plaintiff Blanca Espinoza's ("Plaintiff) "Opposed
Motion to Remand and Brief in 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 8. Plaintifffiled a reply ("Plaintiffs
Reply") (ECF No. 11) on September 14. Defendant filed a Sur-Reply(ECF No. 19) on
November 16. Having considered the parties' arguments, in view of the applicable law, the
Court DENIES Plaintiffs Motion to Remand.
I.

BACKGROUND

On June 23, 2016, Plaintiff brought this action in the 384th Judicial District Court of El

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

made following damage to her property from a hail/wind storm.1 Notice ofRemoval at 1, ECF
No. 1; id, Ex. B-l fl 5.1-5.3. Defendant was served with the state court petition on July 11.
Notice of Removal at 1.

1 Plaintiff 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 ffif 6.1-10.2, ECF No. 1-1.