Avila et al v. Allstate Texas Lloyd's

Filing 24

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

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

ALBERTO AVILA and SONIA MUNIZ,

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Plaintiffs,

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EP-16-CV-00321-DCG

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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 Courtconsidered Plaintiffs Alberto Avilaand Sonia Muniz's

("Plaintiffs") "Opposed Motion to Remand and Briefin Support" ("Plaintiffs' Motion to
Remand") (ECF No. 7), filed on September 1, 2016. Defendant Allstate TexasLloyd's

("Defendant") filed a response ("Defendant's Response") (ECF No. 9) on September 7.
Plaintiffs filed a reply ("Plaintiffs' Reply") (ECF No. 11) on September 14. Defendant filed a

Sur-Reply (ECF No. 19) onNovember 16. Having considered the parties' arguments, inview of
the applicable law, the Court DENIES Plaintiffs' Motion to Remand.
I.

BACKGROUND

On June 14, 2016, Plaintiffs brought this action in the 120th Judicial District Court of El

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

made following damage to their property from ahail/wind storm.1 Notice of Removal at 1, ECF
No. 1; id, Ex. B-l IK 5.1-5.3. Defendant was served with the state court petition on July 5.
Notice of Removal at 2.

1 Plaintiffs asserted claims for noncompliance with various provisions of the 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. 1-2.