In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas
Opinion
ACCEPTED 15-25-00032-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/26/2025 10:50 AM CHRISTOPHER A. PRINE No. 15-25-00032-CV CLERK
In the Court of Appeals 15th AUSTIN, FILED IN COURT OF APPEALS TEXAS for the Fifteenth Judicial District3/26/2025 10:50:55 AM CHRISTOPHER A. PRINE Austin, Texas Clerk
In re NONPARTY PATIENT NO. 1, NONPARTY PATIENT NO. 2, NONPARTY PATIENT NO. 3, NONPARTY PATIENT NO. 4, NONPARTY PATIENT NO. 5, NONPARTY PATIENT NO. 6, NONPARTY PATIENT NO. 7, AND NONPARTY PATIENT NO. 8, NONPARTY PATIENT NO. 9, NONPARTY PATIENT NO. 10, AND NONPARTY PATIENT NO. 11, Relators.
On Writ of Mandamus 493rd Judicial District Court, Collin County
UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND
To the Honorable Fifteenth Court of Appeals:
The State seeks a 14-day extension of time to file its response to the mandamus petition filed by Relators. See Tex. R. App. P. 10.5(b). The State’s response brief is currently due on March 28, 2025. This extension, if granted, would extend the dead-
line to April 11, 20245 This is the first extension sought. Non-party Patients do not oppose this request. This extension is sought not for delay, but rather to allow the State’s counsel
adequate time to research, write, and file a brief that will be helpful to the Court. This mandamus action arises out of a series of active litigations currently going for- ward in Collin County, Dallas County, and this Court. See, e.g., Case No. 15-25- 00021-CV (accelerated appeal out of Dallas County to this Court). Over the past several weeks and throughout this week, counsel for the State has been filing and
responding to various emergency motions in all three of these courts, and has partic- ipated in several in-person hearings. Due to the significant time and resources needed to address these issues, and the importance of this mandamus petition, coun- sel for the State will likely not have adequate time to dedicate to its response brief by the current deadline of March 28. A 14-day extension will allow the State to prepare a brief that better explains the issues before this Court. This extension will not affect the interests of Relators because this Court has already granted a stay pending the outcome of this mandamus action, which will re- main in effect throughout this extension and the pendency of the appeal. Relators do not oppose this extension request.
PRAYER For these reasons, the State respectfully requests that the Court grant a 14-day extension of time to file the State’s response, creating a new deadline of April 11, 2025.
3 Respectfully submitted.
Ken Paxton /s/ Abigail E. Smith Attorney General of Texas Abigail E. Smith Assistant Attorney General Brent Webster State Bar No. 24141756 First Assistant Attorney General ROB FARQUHARSON Johnathan Stone Assistant Attorney General State Bar No. 24100550 Chief, Consumer Protection Division State Bar No. 24071779 Office of the Attorney General Consumer Protection Division 12221 Merit Drive, Ste. 650 Dallas, Texas 75251 Tel: (214) 290-8830 Fax: (214) 969-7615 Counsel for the State
Certificate of Compliance Microsoft Word reports that this document contains 305 words, excluding ex- empted text. Respectfully submitted.
/s/ Abigail E. Smith
4 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.
Emily Samuels on behalf of Abigail Smith Bar No. 24141756 emily.samuels@oag.texas.gov Envelope ID: 98903083 Filing Code Description: Motion Filing Description: 20250325 Unopposed Motion for Extension of Time to Respond Case no 32 Status as of 3/26/2025 11:32 AM CST
Associated Case Party: NonParty Patient No. 1
Name BarNumber Email TimestampSubmitted Status
Jervonne Newsome JNewsome@winston.com 3/26/2025 10:50:55 AM SENT
Thanh Nguyen TDNguyen@winston.com 3/26/2025 10:50:55 AM SENT
William Logan WLogan@winston.com 3/26/2025 10:50:55 AM SENT
Evan Lewis edlewis@winston.com 3/26/2025 10:50:55 AM SENT
Olivia Wogon owogon@winston.com 3/26/2025 10:50:55 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Houston Docketing ecf_houston@winston.com 3/26/2025 10:50:55 AM SENT
Jamie Vargo JVargo@winston.com 3/26/2025 10:50:55 AM SENT
Abby Smith abby.smith@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Rob Farquharson rob.farquharson@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Johnathan Stone johnathan.stone@oag.texas.gov 3/26/2025 10:50:55 AM SENT
David G. Shatto david.shatto@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Amy Pletscher amy.pletscher@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Christopher Molak christopher.molak@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Pauline Sisson pauline.sisson@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Emily Samuels emily.samuels@oag.texas.gov 3/26/2025 10:50:55 AM SENT
Melinda Pate melinda.pate@oag.texas.gov 3/26/2025 10:50:55 AM SENT
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In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas (In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.