Velarde et al v. Allstate Texas Lloyd's

Filing 26

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

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

MARIA VELARDE and RAFAEL

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VELARDE,

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Plaintiffs,
v.

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ALLSTATE TEXAS LLOYD'S,

EP-16-CV-00324-DCG

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Defendant.

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MEMORANDUM OPINION AND ORDER

On this day, the Court considered Plaintiffs Maria Velarde and Rafael Velarde's

("Plaintiffs") "Opposed Motion to Remand and Brief inSupport" ("Plaintiffs' Motion to
Remand") (ECF No. 8), filed on September 1, 2016. Defendant Allstate Texas Lloyd's

("Defendant") filed a response ("Defendant's Response") (ECF No. 9) on September 8.
Plaintiffs filed a reply ("Plaintiffs' Reply") (ECF No. 12) on September 15. Defendant filed a

Sur-Reply (ECF No. 20) 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 30, 2016, Plaintiffs brought this action in the County Court at LawNo. 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 ahail/wind storm.1 Notice ofRemoval at 1, ECF
No. 1; id, Ex. B-l 1fll 5.1-5.3. Defendant was served with the state court petition onJuly 11.
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 ofthe common law
duty of good faith and fair dealing. Notice of Removal, Ex. B-l ffi| 6.1-10.2, ECF No. 1-2.