Sanchez v. SAFECO Insurance Company of Indiana, 4:17-CV-00892. (2020)
Court: District Court, E.D. Texas
Number: infdco20200124h71
Visitors: 2
Filed: Jan. 23, 2020
Latest Update: Jan. 23, 2020
Summary: MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . 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
Summary: MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . 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 ..
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MEMORANDUM OPINION AND ORDER
AMOS L. MAZZANT, District Judge.
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.
Source: Leagle
