W&T Offshore, Inc. et al v. Endurance Assurance Corporation et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
W&T OFFSHORE, INC. and
W&T ENERGY VI, LLC,
v.
ENDURANCE ASSURANCE
CORPORATION and LEXON
INSURANCE, CO., et al.,
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Lead Case No. 4:24-cv-3047
Consolidated Action
ORDER
Before the Court is Pennsylvania Insurance Company and U.S. Fire Insurance
Company’s motion for leave to refile its motion to dismiss, now compliant with the
Court’s page limits. ECF No. 348. W&T asks the Court to deny the motion for leave
because the motion to dismiss raises “successive and meritless arguments that were
already addressed in the Court’s order denying the Sureties’ first motion to dismiss.”
ECF No. 351 at 1–2. Although the Court largely agrees with W&T’s assessment that
it has already addressed and rejected the arguments raised in the newly tendered
motion to dismiss, W&T has not provided authority that the Court may disallow
filing of the motion to dismiss on this ground. Accordingly, the Court GRANTS the
request. ECF No. 348. Penn and U.S. Fire are permitted to file its attached compliant
motion dismiss, ECF No. 348-1, as a stand-alone document by July 6, 2026. If Penn
and U.S. Fire fail to do so, the Court will presume that they no longer intend to
pursue relief through the motion to dismiss and will instead proceed to summary
United States District Court
Southern District of Texas
ENTERED
July 02, 2026
Nathan Ochsner, Clerk
Case 4:24-cv-03047 Document 353 Filed 07/02/26 in TXSD Page 1 of 2

judgment. To save incurring costs and fees from again responding to the arguments
raised if Penn and U.S. Fire choose to file their motion to dismiss, by July 27, 2026,
W&T may either file a response to the motion to dismiss or a notice that it intends
to stand on its response to the prior motion to dismiss.
IT IS SO ORDERED.
Signed in Houston, Texas, on July 2, 2026.
______________________________
Dena Hanovice Palermo
United States Magistrate Judge
Case 4:24-cv-03047 Document 353 Filed 07/02/26 in TXSD Page 2 of 2