Opinion
Civil Action No. 3:03-CV-2243-N
April 1, 2004
ORDER
Before the Court is Defendant LAN/STV's motion for summary judgment. Among other grounds, LAN/STV moves for summary judgment on the basis that it is entitled to derivative sovereign immunity under TEX. REV. CIV. STAT. ANN. art. 1118y § 23B (codified in pertinent part at TEX. TRANSP. CODE § 452.056(d)). In a similar proceeding between the same parties, GLF Construction Co. v. LAN/STV, Civil Action No. 3:03-CV-0324-P, by Order dated March 8, 2004 (the "G-2 Project Order"), Judge Solis granted summary judgment in favor of LAN/STV on an essentially identical argument under TEX. REV. CIV. STAT. ANN. art. 6550d. The Court sees no reason to diverge from the reasoning and result found by Judge Solis. Accordingly, for the reasons stated by Judge Solis in granting summary judgment in the G-2 Project Order, summary judgment is granted in favor of LAN/STV on the basis of derivative sovereign immunity.