In Re AstraZeneca Pharmaceuticals LP v. the State of Texas
Opinion
ACCEPTED 15-25-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/24/2025 2:15 PM No. 15-25-00088-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 6/24/2025 2:15:14 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk
IN RE: ASTRAZENECA PHARMACEUTICALS LP Relator
Original Proceeding from the 71st Judicial District Court in Harrison County, Texas The Honorable Brad Morin, Presiding
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR REAL PARTIES-IN-INTEREST AND PLAINTIFFS
Samuel F. Baxter Mark Lanier Jennifer L. Truelove Zeke DeRose McKool Smith, P.C. Jonathan Wilkerson 104 East Houston, Suite 300 THE LANIER FIRM Marshall, Texas 75670 10940 W. Sam Houston Pkwy N, Suite 100 (903) 923-9000 Houston, TX 77064 Fax: (903) 923-9099 (800) 723-3216 Fax: (713) 659-2204
Attorneys for Plaintiffs and Real-Parties-in-Interest SCEF, LLC and Lynne Levin-Guzman
4886-1809-5088 Plaintiffs and Real-Parties-in-Interest SCEF, LLC and Lynne Levin-Guzman
(collectively, “Plaintiffs”) respectfully request an additional, 10-day extension to
submit their responsive briefing to the mandamus petition filed by Relator
AstraZeneca Pharmaceuticals LP (“AstraZeneca”), making the response due on July
10, 2025.
In support of their motion, Plaintiffs state as follows:
1. On May 9, 2025, AstraZeneca filed a petition for writ of mandamus
challenging a venue-related ruling the District Court issued on
September 1, 2023.
2. The original deadline set by this Court for Plaintiffs to file their
responsive briefing was June 9, 2025.
3. On May 30, 2025, Plaintiffs filed a Motion—to which AstraZeneca
consented—seeking to extend the deadline for their responsive briefing
to June 30, 2025.
4. Plaintiffs explained that the extension was warranted due to significant
fact discovery work that was expected to overwhelm Plaintiffs’ legal
team throughout the month of June.
5. The Court granted Plaintiffs’ Motion on May 30, 2025, and extended
the deadline for Plaintiffs’ responsive briefing to June 30, 2025.
1 4886-1809-5088 6. In the weeks that have passed since Plaintiffs obtained the initial
extension, it has become apparent that fact discovery will continue
until, at the very least, mid-July, and, accordingly, the parties have
discussed an amended Docket Control Order that is under consideration
by the District Court.
7. Because Plaintiffs’ legal team continues to be stretched to capacity with
ongoing discovery work and the preparation of expert reports, Plaintiffs
have requested an additional, 10-day extension, to prepare their
responsive briefing to the mandamus petition.
8. Plaintiffs have conferred with AstraZeneca, who has consented to the
relief requested herein.
9. The additional, 10-day extension is not being sought for purposes of
delay, but rather to enable Plaintiffs’ legal team to prepare the
responsive briefing while simultaneously complying with the District
Court’s pre-trial deadlines.
10. Plaintiffs respectfully request that the Court extend the deadline for
Plaintiffs to file their responsive briefing to July 10, 2025.
11. This is the second request for an extension of time, and Plaintiffs
believe no additional extensions will be needed.
2 4886-1809-5088 June 24, 2025 Respectfully submitted,
/s/ Sam Baxter /s/ W. Mark Lanier Samuel F. Baxter (co-lead Mark Lanier (co-lead counsel) counsel) WML@LanierLawFirm.com sbaxter@mckoolsmith.com Zeke DeRose Jennifer L. Truelove Zeke.DeRose@LanierLawFirm.com jtruelove@mckoolsmith.com Jonathan Wilkerson MCKOOL SMITH P.C. Jonathan.Wilkerson@LanierLawFirm.com 104 East Houston, Suite 300 THE LANIER FIRM Marshall, Texas 75670 6810 FM 1960 West (903) 923-9000 Houston, Texas 77069 Fax: (903) 923-9099 (800) 723-3216 Fax: (713) 659-2204
ATTORNEYS FOR PLAINTIFF/REAL- PARTY-IN-INTEREST HEALTH SELECTION GROUP, LLC
3 4886-1809-5088 CERTIFICATE OF SERVICE
The undersigned hereby certifies that, concurrently with the filing of this
motion on June 24, 2025, a true and correct copy of the above and foregoing
document has been served to counsel of record through the Court’s e-filing system.
/s/ Samuel F. Baxter Samuel F. Baxter
CERTIFICATE OF CONFERENCE
The undersigned certifies that Plaintiffs requested AstraZeneca’s consent to
the relief sought herein. On June 20, 2025, counsel for AstraZeneca indicated that
AstraZeneca consents to Plaintiffs’ request for extension.
/s/ Samuel F. Baxter Samuel F. Baxter
4 4886-1809-5088 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.
Envelope ID: 102364785 Filing Code Description: Motion Filing Description: SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR REAL PARTIES-IN-INTEREST AND PLAINTIFFS Status as of 6/24/2025 2:22 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Kennon L.Wooten kwooten@scottdoug.com 6/24/2025 2:15:14 PM SENT
Angela Goldberg agoldberg@scottdoug.com 6/24/2025 2:15:14 PM SENT
Jonathan Wilkerson 24050162 jonathan.wilkerson@lanierlawfirm.com 6/24/2025 2:15:14 PM SENT
Melissa Smith 24001351 melissa@gillamsmithlaw.com 6/24/2025 2:15:14 PM SENT
William Peterson 24065901 William.Peterson@morganlewis.com 6/24/2025 2:15:14 PM SENT
Samuel Baxter 1938000 sbaxter@mckoolsmith.com 6/24/2025 2:15:14 PM SENT
Brian McBride 24002554 scott.mcbride@morganlewis.com 6/24/2025 2:15:14 PM SENT
Zeke DeRose 24057421 zeke.derose@lanierlawfirm.com 6/24/2025 2:15:14 PM SENT
Jennifer Truelove 24012906 jtruelove@mckoolsmith.com 6/24/2025 2:15:14 PM SENT
Alex Brown 24026964 alex.brown@lanierlawfirm.com 6/24/2025 2:15:14 PM SENT
Lynne Kurtz-Citrin 24081425 lynne.kurtz-citrin@oag.texas.gov 6/24/2025 2:15:14 PM SENT
Jonathan Bonilla 24073939 Jonathan.Bonilla@hhs.texas.gov 6/24/2025 2:15:14 PM SENT
W. Mark Lanier 11934600 jrm@lanierlawfirm.com 6/24/2025 2:15:14 PM SENT
Heidi Rasmussen 24090345 heidi.rasmussen@morganlewis.com 6/24/2025 2:15:14 PM SENT
Nadia Burns 24041176 nadia.burns@oag.texas.gov 6/24/2025 2:15:14 PM SENT
Ruth Adams radams@scottdoug.com 6/24/2025 2:15:14 PM SENT
Steve McConnico smcconnico@scottdoug.com 6/24/2025 2:15:14 PM SENT
Jordan Kadjar jkadjar@scottdoug.com 6/24/2025 2:15:14 PM SENT
John Dodds john.dodds@morganlewis.com 6/24/2025 2:15:14 PM SENT
Erica Jaffe erica.jaffe@morganlewis.com 6/24/2025 2:15:14 PM SENT
W. Mark Lanier WML@LanierLawFirm.com 6/24/2025 2:15:14 PM SENT 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.
Envelope ID: 102364785 Filing Code Description: Motion Filing Description: SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR REAL PARTIES-IN-INTEREST AND PLAINTIFFS Status as of 6/24/2025 2:22 PM CST
Case Contacts
W. Mark Lanier WML@LanierLawFirm.com 6/24/2025 2:15:14 PM SENT
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In Re AstraZeneca Pharmaceuticals LP v. the State of Texas (In Re AstraZeneca Pharmaceuticals LP v. the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.