Martinez 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

MANUEL PEREZ MARTINEZ,

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Plaintiff,

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EP-16-CV-00337-DCG

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ALLSTATE TEXAS LLOYD'S,

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Defendant.

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MEMORANDUM OPINION AND ORDER

Onthis day, the Court considered Plaintiff Manuel Perez Martinez'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)onSeptember 8. Plaintiff filed a reply ("Plaintiffs
Reply") (ECF No. 12) on September 15. 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

OnJuly 1,2016, Plaintiff brought this action in County Court at Law No. 6 of El Paso

County, Texas, asserting state law causes ofaction based on an insurance claim Plaintiff made

following damage to his property from ahail/wind storm.1 Notice ofRemoval at 1, ECF No. 1;
id, Ex. B-1 ffil 5.1-5.3. Defendant was served with the state court petition onJuly 11. Notice of
Removal at 1.

1 Plaintiff 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-1 ffi| 6.1-10.2, ECF No. 1-1.