Medina 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

FERNANDO MEDINA and YOLANDA

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MEDINA,

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Plaintiffs,

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v.

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ALLSTATE TEXAS LLOYD'S,

EP-16-CV-00332-DCG

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Defendant.

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MEMORANDUM OPINION AND ORDER

On this day, the Court considered Plaintiffs Fernando Medina and Yolanda Medina's

("Plaintiffs") "Opposed Motionto 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 8.
Plaintiffs filed a reply ("Plaintiffs' Reply") (ECF No. 12) on September 15. Defendant filed a

Sur-Reply (ECF No. 19) onNovember 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, Plaintiffs brought this action in the 346th Judicial District Court of El

Paso County, Texas, asserting state law causes of action based onan 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 ffi[ 5.1-5.3. Defendant was served with the state court petition onJuly 5.
Notice of Removal at 2.

1 Plaintiffs asserted claims for noncompliance with various provisions of the Texas Insurance
Code, common lawfraud, conspiracy to commit fraud, breach of contract, and breach of the common law
duty of good faith and fairdealing. Notice of Removal, Ex. B-l ffl| 6.1-10.2, ECF No. 1-2.