UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

VIVIAN GIBSON, § § Plaintiff, § § v. § Civil Action No. 3:23-CV-1672-X § WALGREEN CO., § § Defendant. §

MEMORANDUM OPINION AND ORDER Pending before the Court is the Parties’ Stipulation Regarding Section 18.001 of the Texas Civil Practice & Remedies Code. (Doc. 14). In this stipulation, the Parties agree that Section 18.001 does not apply in this case.1 But the Parties leave open the possibility that the Court may overrule this stipulation.2 The Court won’t do that. As the undersigned has previously recognized, “courts in this district have recently held that section 18.001” has limited, if any, applicability in federal court.3 The Court sees no reason to apply Section 18.001, a state-law mandating certain evidentiary rules for state courts, in this federal case. Accordingly, the Court RECOGNIZES that Section 18.001 of the Texas Civil Practice & Remedies Code does not apply to this case.

1 Id. at 1. 2 Id. 3 Ramos v. Home Depot Inc., No. 3:20-CV-01768-X,

, at *2 (N.D. Tex. Mar. 1, 2022) (Starr, J.); see also Hearn v. Kroger Texas, L.P., No. 3:21-CV-1648-D,

, at *1 (N.D. Tex. Nov. 23, 2021) (Fitzwater, J.) (collecting cases); Sanchez v. Aldi Tex., LLC,

, at *2 (N.D. Tex. Apr. 28, 2021) (Kinkeade, J.) IT IS SO ORDERED this 5th day of December, 2023.

BRANTLEY UNITED STATES DISTRICT JUDGE