Piazzo v. Allstate Indemnity Company, No. 4:2021cv01690 - Document 27 (S.D. Tex. 2022)
Court Description: OPINION AND ORDER denying 23 MOTION for Summary Judgment Partial as to extra contractual claims (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 4)
Download PDF
<![CDATA[
Piazzo v. Allstate Indemnity Company Doc. 27 Case 4:21-cv-01690 Document 27 Filed on 08/09/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BARBARA PIAZZO, Plaintiff. VS. ALLSTATE INDEMNITY COMPANY, Defendant. August 09, 2022 Nathan Ochsner, Clerk § § § § § CIVIL ACTION NO. 4:21-cv-01690 § § § § § OPINION AND ORDER Pending before me is Allstate Indemnity Company’s Rule 56 Partial Motion for Summary Judgment on Extra-Contractual Claims. Dkt. 23. After carefully reviewing the summary judgment record, I conclude that Piazzo has come forward with sufficient evidence to survive summary judgment as to her extra-contractual claims for bad faith. Viewing the evidence in the light most favorable to Piazzo, as I must at the summary judgment stage, a reasonable jury could find that Allstate acted in bad faith. Summary judgment is, therefore, not appropriate. Allstate’s motion is denied. Piazzo will be permitted to proceed to trial on her extracontractual claims. As far as Plaintiff’s request for discovery sanctions is concerned (see Dkt. 24), that request is denied. Any and all discovery disputes should have been promptly raised during the discovery period so I could have addressed them. Asking for discovery sanctions as part of a summary judgment response, without first raising the issue with the Court at the time of the alleged discovery abuse, is not proper. I specifically told the parties at the initial conference in this case to reach out to my case manager during a deposition if there was a discovery squabble so I could squarely address the issue at the time. Nobody ever called to notify me Dockets.Justia.com Case 4:21-cv-01690 Document 27 Filed on 08/09/22 in TXSD Page 2 of 2 of any discovery dispute during a deposition. The discovery period is now over. We will proceed to trial. SIGNED this 9th day of August 2022. ______________________________ ANDREW M. EDISON UNITED STATES MAGISTRATE JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
