In Re Nonparty Patient No. 15 v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJune 30, 2025
Docket15-25-00106-CV
StatusPublished

This text of In Re Nonparty Patient No. 15 v. the State of Texas (In Re Nonparty Patient No. 15 v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Nonparty Patient No. 15 v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

ACCEPTED 15-25-00106-CV FIFTEENTH COURT OF APPEALS No. 15-25-00106-CV AUSTIN, TEXAS 6/30/2025 2:01 PM In the Court of Appeals CHRISTOPHER A. PRINE CLERK for the Fifteenth Judicial District15th COURT FILED IN OF APPEALS AUSTIN, TEXAS Austin, Texas 6/30/2025 2:01:58 PM CHRISTOPHER A. PRINE Clerk In re NONPARTY PATIENT NO. 15, Relator.

On Writ of Mandamus 493rd Judicial District Court, Collin County

REAL PARTY IN INTEREST STATE OF TEXAS’S MOTION FOR LEAVE TO FILE MANDAMUS RESPONSE UNDER SEAL

Ken Paxton Abigail E. Smith Attorney General of Texas Assistant Attorney General State Bar No. 24141756 Brent Webster First Assistant Attorney General ROB FARQUHARSON Assistant Attorney General Ralph Molina State Bar No. 24100550 Deputy First Assistant Attorney General Office of the Attorney General Austin Kinghorn Consumer Protection Division Deputy Attorney General for 12221 Merit Drive, Ste. 650 Civil Litigation Dallas, Texas 75251 Tel: (214) 290-8830 Johnathan Stone Fax: (214) 969-7615 Chief, Consumer Protection Division State Bar No. 24071779 Counsel for Real Party in Interest Real Party in Interest the State of Texas moves for leave to file its response to Relator’s mandamus petition under seal. This submission contains sensitive and

confidential information, such as health information, some of which is subject to the district court’s protective order and some of which was separately ordered sealed by the district court. The State will serve the Court, the district court, Relator, and Dr.

M. Brett Cooper unredacted versions of its mandamus response, and will file public versions with the appropriate sections redacted. This Court has already granted Relator’s motion to seal similar information in

Relator’s mandamus petition and mandamus record. And Relator has confirmed it does not oppose. As such, the State believes the Court need not wait 10 days before ruling, and can rule as soon as is practicable. See Tex. R. App. P. 10.3(a)(2) (“A court

should not hear or determine a motion until 10 days after the motion was filed, unless . . . the motion states that the parties have conferred and that no party opposes the motion[.]”). For the foregoing reasons, the State requests this motion be granted. Dated: June 30, 2025

Respectfully Submitted,

Ken Paxton Johnathan Stone Attorney General of Texas Chief, Consumer Protection Division

Brent Webster /s/ Abigail E. Smith First Assistant Attorney General Abigail E. Smith Ralph Molina Assistant Attorney General Deputy First Assistant Attorney General Rob Farquharson Austin Kinghorn Assistant Attorney General Deputy Attorney General for Civil Litigation 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 Real Party in Interest State of Texas Certificate of Conference During the trial court proceedings, the trial court, the State, and Dr. M. Brett Cooper discussed various portions of this mandamus petition and briefing being filed under seal. See M.R. 282, 309, 314, 342. Independently, on June 30, 2025, counsel

for the State confirmed with counsel for Relator that they do not oppose this motion. /s/ Abigail E. Smith Abigail E. Smith

Certificate of Service I certify that the foregoing was served on all interested parties via e-file .on June 30, 2025. /s/ Abigail E. Smith Abigail E. Smith 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.

Pauline Sisson on behalf of Abigail Smith Bar No. 24141756 pauline.sisson@oag.texas.gov Envelope ID: 102592961 Filing Code Description: Motion Filing Description: 20250630 States Mtn Leave to File under Seal.pdf Status as of 6/30/2025 2:21 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Thanh Nguyen TDNguyen@winston.com 6/30/2025 2:01:58 PM SENT

Houston Docket ecf_houston@winston.com 6/30/2025 2:01:58 PM SENT

Jervonne Newsome jnewsome@winston.com 6/30/2025 2:01:58 PM SENT

Jonathan Hung johung@winston.com 6/30/2025 2:01:58 PM SENT

William Logan wlogan@winston.com 6/30/2025 2:01:58 PM SENT

Evan Lewis edlewis@winston.com 6/30/2025 2:01:58 PM SENT

Olivia Wogon owogon@winston.com 6/30/2025 2:01:58 PM SENT

Pauline Sisson pauline.sisson@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Emily Samuels emily.samuels@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Melinda Pate melinda.pate@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Associated Case Party: State of Texas

Johnathan Stone johnathan.stone@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Rob Farquharson rob.farquharson@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Abby Smith abby.smith@oag.texas.gov 6/30/2025 2:01:58 PM SENT

David G. Shatto david.shatto@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Amy Pletscher amy.pletscher@oag.texas.gov 6/30/2025 2:01:58 PM SENT

Ian Bergstrom Ian.Bergstrom@oag.texas.gov 6/30/2025 2:01:58 PM SENT

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Bluebook (online)
In Re Nonparty Patient No. 15 v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nonparty-patient-no-15-v-the-state-of-texas-texapp-2025.