Martinez v. Allstate Texas Lloyd's, No. 3:2016cv00337 - Document 25 (W.D. Tex. 2016)

Court Description: MEMORANDUM OPINION AND ORDER DENYING 7 Motion to Remand to State Court Signed by Judge David C Guaderrama. (scf)

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Martinez v. Allstate Texas Lloyd's Doc. 25 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION MANUEL PEREZ MARTINEZ, § § Plaintiff, § § v § EP-16-CV-00337-DCG § ALLSTATE TEXAS LLOYD'S, § § Defendant. § 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. Dockets.Justia.com

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