Home/Court of Appeals of Texas/Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company

Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company

Court of Appeals of Texas·Decided June 30, 2025·No. 15-24-00114-CV·Published

Opinion

ACCEPTED 15-24-00114-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/30/2025 11:44 AM NO. 15-24-00114-CV CHRISTOPHER A. PRINE CLERK FILED IN

In the Fifteenth District 15th COURT OF APPEALS AUSTIN, TEXAS 6/30/2025 11:44:08 AM

Court of Appeals CHRISTOPHER A. PRINE Clerk

Cecile Erwin Young, in Her Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission, Molina Healthcare of Texas, Inc., and Aetna Better Health of Texas, Inc., Appellants, v. Cook Children’s Health Plan, Texas Children’s Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company, Appellees.

On Appeal from Cause No. D-1-GN-24-003839, In the 455th Judicial District Court of Travis County, Texas / Honorable Laurie Eiserloh, Presiding Judge

JOINT STATUS REPORT

On November 12, 2024, this Court entered an order abating this appeal until

July 2, 2025 – 30 days after the end of the 89th Regular Session of the Texas

Legislature. See 11/12/24 Order. In its order, the Court stated that “[t]he appeal will

be reinstated on this Court’s active docket on July 3, 2025.” Id. The Court directed

Appellants and Appellees to file a joint status report on or before June 30, 2025,

1 “informing the Court about the status of the appeal and requesting any necessary

reinstatement and/or dismissal.” Id.

In accordance with the Court’s order, the undersigned, on behalf of their

respective clients, inform the Court that no resolution of the issues forming the basis

of this appeal has been reached at this time and request that the Court reinstate the

appeal on July 3, 2025.

In addition, the undersigned, on behalf of their clients, inform the Court that

one or more parties intend to file a motion to dismiss Molina Healthcare of Texas,

Inc. (“Molina”), and Aetna Better Health of Texas, Inc. (“Aetna”) as parties to this

appeal. The parties jointly propose that any such motion(s) be filed on or before

July 10, 2025, with response(s) due on or before July 24, 2025. The motion(s) and

response(s) will also address the parties’ position on a merits briefing schedule. All

parties jointly request that the Court set a merits briefing schedule after receiving the

response(s) to the motion(s) and suspend any merits briefing deadlines until the

schedule is set.

2 Respectfully submitted,

NORTON ROSE FULBRIGHT US LLP ALEXANDER DUBOSE & JEFFERSON

By /s/ Susan Feigin Harris By /s/ Amy Warr Susan Feigin Harris Amy Warr State Bar No. 06876980 State Bar No. 00795708 susan.harris@nortonrosefulbright.com awarr@adjtlaw.com Warren S. Huang Anna M. Baker State Bar No. 00796788 State Bar No. 00791362 warren.huang@nortonrosefulbright.com abaker@adjtlaw.com 1550 Lamar, Suite 2000 100 Congress Avenue, Suite 1450 Houston, Texas 77010 Austin, Texas 78701-2709 Telephone: (713) 651-5151 Telephone: (512) 482-9300

Paul D. Trahan Karen C. Burgess State Bar No. 24003075 State Bar No. 00796276 paul.trahan@nortonrosefulbright.com kburgess@burgesslawpc.com NORTON ROSE FULBRIGHT US LLP Katie Dolan-Galaviz 98 San Jacinto Boulevard, Suite 1100 State Bar No. 24069620 Austin, Texas 78701 kgalaviz@burgesslawpc.com Telephone: (512) 474-5201 BURGESS LAW PC 404 West 13th Street Thomas A. Coulter Austin, Texas 78701-1825 tom.coulter@nortonrosefulbright.com Telephone: (512) 482-8808 State Bar No. 04885500 NORTON ROSE FULBRIGHT US LLP Matthew P. Gordon 799 9th Street, NW, Suite 1100 mgordon@perkinscoie.com Washington, D.C. 20001 Admission Pro Hac Vice Telephone: (202) 662-0200 PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Counsel for Appellee Texas Children’s Seattle, Washington 98101-3099 Health Plan Telephone: (206) 359-8000

Counsel for Appellee Plaintiff Cook Children’s Health Plan

3 FOLEY & LARDNER LLP HOLLAND & KNIGHT LLP

By /s/ Stacy R. Obenhaus By /s/ Richard B. Phillips, Jr. Robert F. Johnson III Richard B. Phillips, Jr. State Bar No. 10786400 State Bar No. 24032833 rjohnson@foley.com rich.phillips@hklaw.com 600 Congress Avenue, Suite 3000 One Arts Plaza Austin, Texas. 78701 1722 Routh Street, Suite 1500 Telephone: (512) 542-7000 Dallas, Texas 75201 Telephone: (214) 964-9500 Michelle Y. Ku State Bar No. 24071452 Karen D. Walker mku@foley.com Pro Hac Vice Application Forthcoming Stacy R. Obenhaus karen.walker@hklaw.com State Bar No. 15161570 Tiffany Roddenberry sobenhaus@foley.com Pro Hac Vice Application Forthcoming FOLEY & LARDNER LLP tiffany.roddenberry@hklaw.com 2021 McKinney, Suite 1600 HOLLAND & KNIGHT LLP Dallas, Texas 75201 315 South Calhoun Street, Suite 600 Telephone: (214) 999-3000 Tallahassee, Florida 32301 Telephone: (850) 425-5612 Benjamin J. Grossman Admission Pro Hac Vice Counsel for Appellee Superior bjgrossman@foley.com Health Plan, Inc. FOLEY & LARDNER LLP 106 East College Avenue, Suite 900 Tallahassee, Florida 32301 Telephone: (850) 222-6100

Counsel for Appellee Wellpoint Insurance Company

4 OFFICE OF THE ATTORNEY GENERAL

Ken Paxton Attorney General

Brent Webster First Assistant Attorney General

Ralph Molina Deputy First Assistant Attorney General

Austin Kinghorn Deputy Attorney General for Civil Litigation

Kimberly Gdula Chief, General Litigation Division

By /s/ Jennifer Cook Jennifer Cook Assistant Attorney General State Bar No. 00789233 jennifer.cook@oag.texas.gov P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (737) 230-4700 Facsimile: (512) 302-0667

Counsel for Appellant Cecile Erwin Young, In Her Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

5 EWELL, BROWN, BLANKE & KNIGHT LLP SCOTT, DOUGLASS & MCCONNICO LLP

By /s/ Joseph R. Knight By /s/ Jason R. LaFond Joseph R. Knight Cheryl Joseph LaFond State Bar No. 11601275 State Bar No. 24104015 jknight@ebbklaw.com clafond@scottdoug.com 111 Congress Avenue, 28th Floor Jason R. LaFond Austin, Texas 78701 State Bar No. 24103136 Telephone: (512) 770-4010 jlafond@scottdoug.com 303 Colorado Street, Suite 2400 Counsel for Appellant Aetna Better Austin, Texas 78701 Health of Texas, Inc. Telephone: (512) 495-6300

Counsel for Appellant Molina Healthcare of Texas, Inc.

CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that a copy of the Joint Status Report

was served via the electronic filing manager or electronic mail in compliance with

Texas Rule of Appellate Procedure 9.5 on June 30, 2025, upon all counsel of record.

/s/ Susan Feigin Harris Susan Feigin Harris

6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Warren Huang on behalf of Warren Huang Bar No. 796788 warren.huang@nortonrosefulbright.com Envelope ID: 102581599 Filing Code Description: Other Document Filing Description: Other Document Status as of 6/30/2025 12:13 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michaelle Peters mpeters@scottdoug.com 6/30/2025 11:44:08 AM SENT

Julie Wright julie.wright@nortonrosefulbright.com 6/30/2025 11:44:08 AM SENT

Amanda DoddsPrice amanda.price@squirepb.com 6/30/2025 11:44:08 AM SENT

David Johns david@cobbjohns.com 6/30/2025 11:44:08 AM SENT

Michelle Joyner mjoyner@scottdoug.com 6/30/2025 11:44:08 AM SENT

Abril Rivera arivera@scottdoug.com 6/30/2025 11:44:08 AM SENT

Jessie Johnson jessie.johnson@nortonrosefulbright.com 6/30/2025 11:44:08 AM SENT

Associated Case Party: Cook Children's Health Plan

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Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company, (Tex. Ct. App. 2025).

Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company (Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.