Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Court of Appeals of Texas·Decided May 29, 2025·No. 15-25-00061-CV·Published

Opinion

ACCEPTED 15-25-00061-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/29/2025 11:14 AM NO. 15-25-00061-CV CHRISTOPHER A. PRINE CLERK IN THE FIFTEENTH COURT OF APPEALS FILED IN AUSTIN, TEXAS 15th COURT OF APPEALS _______________________________________ AUSTIN, TEXAS 5/29/2025 11:14:20 AM FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT CHRISTOPHER A. PRINE OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER Clerk OFFICIAL CAPACITY AND FORT BEND COUNTY, Appellants,

v.

JOSHUA DAVID HEILIGER, INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF LAUREN BRITTANE SMITH, DECEASED, AND ON BEHALF OF DEATH BENEFITS BENEFICIARIES JOSHUA DAVID HEILIGER AND EMMA DESTINY HEILIGER AND GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC, Appellees. _______________________________________

On Appeal from the 11th Judicial District Court, Houston, Texas Cause No. 2024-78536 _______________________________________

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT ALJ OKONKWO’S BRIEF _______________________________________

Dated: May 29, 2025

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

Appellant Francisca Okonkwo, Administrative Law Judge, Texas Department of

Insurance, Division of Workers’ Compensation, in her Official Capacity (“Appellant ALJ

Okonkwo”) respectfully moves this Court for an extension of the deadline for filing Appellant’s

brief. In support, Appellant ALJ Okonkwo shows as follows:

1. Appellants’ briefs are currently due Tuesday, June 3, 2025. Counsel for Appellant

ALJ Okonkwo requests a ten-day extension to complete this brief, until Friday, June 13, 2025. 2. Counsel for Appellant ALJ Okonkwo seeks additional time because he has been

occupied with preparation on an accelerated timeline for and participation in a two-day hearing in

Travis County District Court.

3. Counsel for Appellant ALJ Okonkwo requires a brief extension to finalize

Appellant ALJ Okonkwo’s brief.

4. Counsel for Appellant ALJ Okonkwo has conferred with counsel for Appellant Fort

Bend County, counsel for Appellee Joshua David Heiliger, Individually, and on behalf of the

Estate of Lauren Brittane Smith, Deceased, and on behalf of Death Benefits Beneficiaries Joshua

David Heiliger and Emma Destiny Heiliger, and counsel for Appellee Greater Houston Psychiatric

Associates, PLLC about this motion, and all are unopposed.

5. Appellant ALJ Okonkwo has agreed to extend the deadline for Appellee Joshua

David Heiliger, Individually, and on behalf of the Estate of Lauren Brittane Smith, Deceased, and

on behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, and

Appellee Greater Houston Psychiatric Associates, PLLC to file their Appellee Briefs to Monday,

July 14, 2025.

6. Appellant ALJ Okonkwo moves for this extension not to delay proceedings but to

allow her counsel sufficient time to adequately finalize and file ALJ Okonkwo’s brief to fully

address the issues found in the instant appeal. This is Appellant ALJ Okonkwo’s first request for

extension of time.

ACCORDINGLY, Appellant Francisca Okonkwo, Administrative Law Judge, Texas

Department of Insurance, Division of Workers’ Compensation, in her Official Capacity

respectfully requests an extension of time to and including Friday, June 13, 2025, to file and serve

her brief.

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT ALJ OKONKWO’S BRIEF No. 15-25-00061-CV; Okonkwo, et al. v. Heiliger, et al. 2 Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

/s/ James Brazell JAMES Z. BRAZELL State Bar No. 02930100 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3204 Facsimile: (512) 320-0167 James.Brazell@oag.texas.gov

ATTORNEYS FOR APPELLANT FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL CAPACITY

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT ALJ OKONKWO’S BRIEF No. 15-25-00061-CV; Okonkwo, et al. v. Heiliger, et al. 3 CERTIFICATE OF CONFERENCE On May 29, 2025, the undersigned conferred with counsel for Appellant Fort Bend County, counsel for Appellee Joshua David Heiliger, Individually, and on behalf of the Estate of Lauren Brittane Smith, Deceased, and on behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, and counsel for Appellee Greater Houston Psychiatric Associates, PLLC, and all parties are unopposed to this motion.

/s/ James Brazell JAMES Z. BRAZELL Assistant Attorney General

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT ALJ OKONKWO’S BRIEF No. 15-25-00061-CV; Okonkwo, et al. v. Heiliger, et al. 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and forgoing document has been served on the 29th day of May 2025 upon the following:

DEAN G. PAPPAS RUSSELL L. MORRIS State Bar No. 15454375 State Bar No. 24099150 MARY M. MARKANTONIS ANDREW W. BRUCE State Bar No. 12986800 State Bar No. 24113627 LISA M. TEACHEY PABLO A. FRANCO State Bar No. 24056416 State Bar No. 24121625 MARILYN J. ALLEN MCBRYDE FRANCO, PLLC State Bar No. 24025225 11000 Richmond Avenue, Suite 350 DEAN G. PAPPAS LAW FIRM, PLLC Houston, Texas 77042 8588 Katy Freeway, Suite 100 Telephone: (713) 223-7699 Houston, Texas 77024 Facsimile: (512) 691-9072 Telephone: (713) 914-6200 Serv.russell@mf-txlaw.com Facsimile: (713) 914-6201 Serv.andrew@mf-txlaw.com dpappas@dgplawfirm.com Serv.pablo@mf-txlaw.com mmarkantonis@dgplawfirm.com lteachey@dgplawfirm.com ATTORNEYS FOR APPELLEE HEILIGER mallen@dgplawfirm.com

ATTORNEYS FOR APPELLANT FORT BEND COUNTY

LAVERNE CHANG State Bar No. 00783819 CARDWELL & CHANG, PLLC 511 Lovett Blvd. Houston, Texas 77006 Telephone: (713) 222-6025 Chang@cardwellchang.com

ATTORNEY FOR APPELLEE GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC

/s/ James Brazell JAMES Z. BRAZELL Assistant Attorney General

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT ALJ OKONKWO’S BRIEF No. 15-25-00061-CV; Okonkwo, et al. v. Heiliger, et al. 5 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.

Meridith Fischer on behalf of James Brazell Bar No. 2930100 meridith.fischer@oag.texas.gov Envelope ID: 101377147 Filing Code Description: Motion Filing Description: Unopposed Motion to Extend Deadline to File Appellant's Brief Status as of 5/29/2025 11:21 AM CST

Associated Case Party: Fort Bend County

Name BarNumber Email TimestampSubmitted Status

Lisa Teachey 24056416 lteachey@dgplawfirm.com 5/29/2025 11:14:20 AM SENT

Marilyn Allen 24025225 mallen@dgplawfirm.com 5/29/2025 11:14:20 AM SENT

Mary Markantonis 12986800 mmarkantonis@dgplawfirm.com 5/29/2025 11:14:20 AM SENT

Dean Pappas 15454375 dpappas@dgplawfirm.com 5/29/2025 11:14:20 AM SENT

Associated Case Party: Greater Houston Psychiatric Associates, PLLC

Name BarNumber Email TimestampSubmitted Status

Laverne Chang 783819 chang@cardwellchang.com 5/29/2025 11:14:20 AM SENT

Associated Case Party: JoshuaDavidHeiliger

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Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, (Tex. Ct. App. 2025).

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger (Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.