Silva et al v. Allstate Texas Lloyd's, No. 3:2016cv00313 - Document 27 (W.D. Tex. 2016)

Court Description: MEMORANDUM OPINION AND ORDER. Signed by Judge David C Guaderrama. (gp)

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Silva et al v. Allstate Texas Lloyd's Doc. 27 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION RAFAEL SILVA and ROSA SILVA, § § Plaintiffs, § § v. § EP-16-CV-00313-DCG § ALLSTATE TEXAS LLOYD'S, § § Defendant. § MEMORANDUM OPINION AND ORDER On this day, the Court considered Plaintiffs Rafael Silva and Rosa Silva's ("Plaintiffs") "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) on September 8. Plaintiffs filed a reply ("Plaintiffs' Reply") (ECF No. 10) on September 14. Defendant filed a Sur-Reply (ECF No. 20) on November 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 on an insurance claim Plaintiffs made following damage to their property from ahail/wind storm.1 Notice of Removal at 1, ECF No. 1; id, Ex. B-l KH 5.1-5.3. Defendant was served with the state court petition on July 5. Notice of Removal at 1. Plaintiffs 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-l ffll 6.1-10.2, ECF No. 1-2. Dockets.Justia.com

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