In Re the State of Texas v. the State of Texas
Opinion
ACCEPTED 15-25-00039-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/24/2025 3:16 PM CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 7/24/2025 3:16:10 PM July 24, 2025 CHRISTOPHER A. PRINE Clerk
Mr. Christoper A. Prine via E-Filing Clerk of the Court Fifteenth Court of Appeals P. O. Box 12852 Austin, TX 78711
Re: Court of Appeals Numbers: 15-25-00023-CV, 15-25-00031-CV, 15-25-00032-CV, 15-25-00039-CV
Style: Nonparty Patients 1–11 v. State; In re State of Texas; In re State of Texas; Nonparty Patients 1–11 v. State.
To the Fifteenth Court of Appeals:
The State writes this letter to inform the Court of a recent ruling in a related case that is relevant to this appeal. In addition to the various hospital records subpoena challenges that form the basis of the above-captioned appeal and mandamuses, Non-party Patients have challenged various pharmacy records subpoenas in courts around the state. See, e.g., Nonparty Patient No. 1-6 v. Texas, Cause No. DC-25-07984, 193rd Judicial District Court, Dallas County; Nonparty Patient No. 1-5 v. Texas, Cause No. D-1-GN-25-003646, 261st Judicial District Court, Travis County; Nonparty Patient No. 1 v. Texas, Cause No. 25CI11287, 285th Judicial District Court, Bexar County; Nonparty Patient No. 1-2 v. Texas, Cause No. DC-25-07810, 95th Judicial District Court, Dallas County; Nonparty Patient No. 1-6 v. Texas, Cause No. D-1-GN-25-003645, 250th Judicial District Court, Travis County. In each, the State filed a Plea in Abatement based on the same arguments it made on appeal before this Court.
On July 19, 2025, Judge Cory R. Liu of the 250th Judicial District in Travis County granted the State’s Plea in Abatement in cause number D-1-GN-003645. See Ex. A. The court ordered that the subpoena challenge in Travis County was thus “ABATED pending resolution of the suit in the 493rd District Court in Collin County.” Id. 1 On July 23, 2025, the court denied Non-party
1 This particular challenge involved pharmacy records for patients of Dr. Lau. While the order abated the subpoena challenge pending resolution of the State’s case against Dr. Cooper, this was in error; the State later P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. texa satto r neyg eneral .gov July 24, 2025 Page 2 Patients’ motion for reconsideration and removed all related hearings from its calendar in light of the abatement. To date, no other district court has ruled on either the State’s pleas in abatement or Non-party Patients’ motions for protection in any of the other pending matters.
The State notes that this ruling is further evidence of the viability of the doctrine of dominant jurisdiction in the context of 176.6(e) challenges, particularly when one litigation spawns multiple challenges to the same or near-identical subpoenas in different courts around the State.
Sincerely,
/s/ Abigail E. Smith Abigail E. Smith Assistant Attorney General Consumer Protection Division Phone: (214) 290-8830 Abby.Smith@oag.texas.gov
cc: William M. Logan, via e-service Jervonne D. Newsome, via e-service Evan D. Lewis, via e-service Thanh D. Nguyen, via e-service Olivia A. Wogon, via e-service Jonathan Hung, via e-service Hollie M. Albin, via e-service David Phillips, via e-service
clarified with the Court that the abatement would be in place pending resolution of the State’s case against Dr. Lau. Exhibit A 07/21/2025 08:00:00 AM Velva L. Price District Clerk Travis County D-1-GN-25-003645 Cause No. D-1-GN-25-003645
Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, IN THE DISTRICT COURT OF Nonparty Patient No. 5, and Nonparty Patient No. 6, TRAVIS COUNTY, TEXAS
Petitioners-Movants, 250th JUDICIAL DISTRICT
vs.
The State of Texas,
Respondent.
ORDER
The State of Texas’s Plea in Abatement is hereby GRANTED. This matter is ABATED pending resolution of the suit in the 493rd District Court in Collin County, State of Texas v. Cooper, Case No. 493-08026-2024.
Signed July 19, 2025.
__________________________ Judge Cory R. Liu Exhibit B 07/23/2025 09:36:55 AM Velva L. Price District Clerk Travis County D-1-GN-25-003645 Cause No. D-1-GN-25-003645
Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, IN THE DISTRICT COURT OF Nonparty Patient No. 5, and Nonparty Patient No. 6, TRAVIS COUNTY, TEXAS
Petitioners-Movants, 250th JUDICIAL DISTRICT
vs.
The State of Texas,
Respondent.
AMENDED AND CLARIFYING ORDER DENYING RECONSIDERATION
The motion for reconsideration filed on July 21, 2025, is DENIED. Because this case has been abated, the hearings set on July 29, 2025, are hereby removed from the Court's calendar.
Signed July 23, 2025. __________________________ Judge Cory R. Liu 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: 103557236 Filing Code Description: Letter Filing Description: 20250724 Ltr to Ct re PIA Ruling w Exs Status as of 7/24/2025 3:35 PM CST
Associated Case Party: Nonparty Patients Nos. 1-11
Name BarNumber Email TimestampSubmitted Status
William Logan 24106214 wlogan@winston.com 7/24/2025 3:16:10 PM SENT
Evan Lewis 24116670 edlewis@winston.com 7/24/2025 3:16:10 PM SENT
Jervonne Newsome 24094869 jnewsome@winston.com 7/24/2025 3:16:10 PM SENT
Jonathan Hung 24143033 johung@winston.com 7/24/2025 3:16:10 PM SENT
Thanh Nguyen tdnguyen@winston.com 7/24/2025 3:16:10 PM SENT
Olivia Wogon owogon@winston.com 7/24/2025 3:16:10 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Pauline Sisson pauline.sisson@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Houston Docketing ecf_houston@winston.com 7/24/2025 3:16:10 PM SENT
David Phillips dphillips@winston.com 7/24/2025 3:16:10 PM SENT
Hollie Albin hmalbin@winston.com 7/24/2025 3:16:10 PM SENT
Sarah McGrath smcgrath@winston.com 7/24/2025 3:16:10 PM SENT
Emily Samuels emily.samuels@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Associated Case Party: UT Southwetern Medical Center ("UTSW")
Name BarNumber Email TimestampSubmitted Status
Martin Cohick 24134042 martin.cohick@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Patrick Todd patrick.todd@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Associated Case Party: State of Texas 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: 103557236 Filing Code Description: Letter Filing Description: 20250724 Ltr to Ct re PIA Ruling w Exs Status as of 7/24/2025 3:35 PM CST
Associated Case Party: State of Texas
Name BarNumber Email TimestampSubmitted Status
Rob Farquharson rob.farquharson@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Johnathan Stone johnathan.stone@oag.texas.gov 7/24/2025 3:16:10 PM SENT
Abby Smith abby.smith@oag.texas.gov 7/24/2025 3:16:10 PM SENT
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