ESPARZA RICO v. FLORES

No. CIV.B-04-117.

405 F.Supp.2d 746 (2005)

Juvenal ESPARZA RICO and Acrelia Contreras Ortega, Individually and as the Sole Surviving Heirs of the Estate of their Son, Omar Esparza Contreras; Maria Ines Munoz Briones, Individually, as Next Friend of her Minor Children, Ingri Marvella Reyes Munoz and Clarisa Yajaira Reyes Munoz, and as a Surviving Heir of the Estate of her Husband, Juan Enrique Reyes Meza; Juan Antonio Reyes Aguilar, Individually; Irene Godinez Cardona, Individually, as Next Friend of her Minor Son, Roberto Esparza Godinez, and as a Surviving Heir of the Estate of her Husband, Roberto Esparza Rico; Clementina Sanchez, Individually; Eva Cristina Sanchez Sierra, Individually, as Next Friend of her Minor Children, Karla Lizeth Amador Sanchez, Nancy Marisol Amador Sanchez, Marvin Alexander Amador Sanchez, and Francis Estefania Amador Sanchez, and as a Surviving Heir of the Estate of her Husband, Pedro Amador Lopez; Manuel De Jesus Doblado Avila, Individually; Delmira Soler Doblado, Individually, as Next of her Minor Children Nelis Avila Soler, Ever Avila Soler, and Elmer Roberto Avila Soler, and as a Surviving Heir of the Estate of her Husband Isidro Avila Bueso; Ludis Yesenia Avila Soler, Individually; Obdulia Ferrufino Burgos; Individually, as Next Friend of her Minor Grandchildren Jonathan Joel Gutierrez Ferrufino, Lely Amparo Canales Ferrufino, Ivy Roxana Canales Ferrufino, Oscar Alfredo Ferrufino, Jairo Mauricio Ferrufino, Katherine Ninoska Canales Ferrufino, Jennifer Guadalupe Ferrufino, and Elmer Noe Ferrufino, and as a Surviving Heir of the Estates of her Daughters, Rosibel Ferrufino and Lely Elizabeth Ferrufino, and her Granddaughter Lesly Esmeralda Ferrufino; Rosa Delia Hernandez De Ardon, Individually, as Next Friend of her Minor Children Harold Mauricio Ardon Hernandez, Marelyn Ivette Ardon Hernandez, and as a Surviving Heir of the Estate of her Husband, Domingo Ardon Sibrian; Sixto Acevedo and Maria Emilia Perez, Individually and as the Sole Surviving Heirs of the Estate of their Son, Bryon Adner Acevedo Perez, Plaintiffs, v. Arnulfo FLORES, Jr., Norma Arriaga Trevino a/k/a Norma Bocanegra, Union Pacific Corporation, Union Pacific Railroad Company, AT & L Railroad Company, Inc. and Archer Daniels Midland Company, Defendants.

United States District Court, S.D. Texas, Brownsville Division.

May 19, 2005.


Attorney(s) appearing for the Case

Alberto Tover Garcia, III, Law Office of Alberto T. Garcia III, McAllen, TX, Robert E. Ammons, The Ammons Law Firm LLP, Houston, TX, for Plaintiffs.

Joseph Anthony Rodriguez, Mitchell Craig Chaney, Robert Patrick Rodriguez, Rodriguez, Colvin, Chaney & Saenz, LLP, Brownsville, TX, Todd Lafferty, Attorney at Law, Watonga, OK, Tom Arthur Lockhart, Adams & Graham, Harlingen, TX, for Defendants.


AMENDED MEMORANDUM OPINION AND ORDER

HANEN, District Judge.

This case arises out of the tragic deaths of ten undocumented aliens who attempted to pass undetected through the Border Patrol checkpoint at Sarita, Texas, by stowing away in a railroad car. Before the Court is a Motion to Remand (Docket No. 4) filed by Plaintiffs who are the surviving family members of the decedents. The Court, having considered...

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