Rodriguez et al v. Allstate Texas Lloyds

Filing 25

MEMORANDUM OPINION AND ORDER DENYING 9 Motion to Remand to State Court Signed by Judge David C Guaderrama. (scf)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION SAMUEL RODRIGUEZ and GRACIELA RODRIGUEZ, § § § Plaintiffs, § § § § v. ALLSTATE TEXAS LLOYD'S, EP-16-CV-00328-DCG § § Defendant. § MEMORANDUM OPINION AND ORDER Onthis day, the Court considered Plaintiffs Samuel Rodriguez and Graciela Rodriguez's ("Plaintiffs") "Opposed Motion to Remand and Briefin Support" ("Plaintiffs' Motion to Remand") (ECF No. 9), filed on September 1, 2016. Defendant Allstate Texas Lloyd's ("Defendant") filed a response ("Defendant's Response") (ECF No. 10) on September 8. Plaintiffs filed a reply ("Plaintiffs' Reply") (ECF No. 13) on September 15. Defendant filed a Sur-Reply (ECF No. 20) on November 16. Having considered the parties' arguments, in viewof the applicable law, the Court DENIES Plaintiffs' Motion to Remand. I. BACKGROUND On June 23,2016, Plaintiffs brought this action in the 168thJudicial District Court of El Paso County, Texas, asserting statelaw 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 fl 5.1-5.3. Defendant was served with the state court petitionon 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 dutyof good faith and fair dealing. Notice of Removal, Ex. B-l fflj 6.1-10.2, ECF No. 1-2.

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