Sanchez et al v. SAFECO Insurance Company of Indiana et al, No. 4:2017cv00892 - Document 46 (E.D. Tex. 2020)
Court Description: MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendant's No Evidence Partial Motion for Summary Judgment (Dkt. # 43 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/23/2020. (rpc, )
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Sanchez et al v. SAFECO Insurance Company of Indiana et al Doc. 46 United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MIKE AND JACQUELINE SANCHEZ Plaintiffs, v. SAFECO INSURANCE COMPANY OF INDIANA Defendant. § § § § § § § Civil Action No. 4:17-CV-00892 Judge Mazzant MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant’s No Evidence Partial Motion for Summary Judgment (Dkt. #43). Defendant’s Motion was filed under Texas Rule of Civil Procedure 166(a)(i) (Dkt. #43). In Plaintiffs’ Response to Defendant’s No-Evidence Partial Motion for Summary Judgment, Plaintiffs agree that Texas Rule of Civil Procedure 166(a) governs (Dkt. #44). Both parties are mistaken. This action, having been removed to federal court (Dkt. #1), is governed by . the Federal Rules of Civil Procedure. The Texas Rules of Civil Procedure have no application here. Because Defendant’s Motion is procedurally deficient, Defendant’s Motion is denied. It is therefore ORDERED that Defendant’s No Evidence Partial Motion for Summary Judgment (Dkt. #43) is hereby DENIED. SIGNED this 23rd day of January, 2020. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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