Martin E. McGonagle, M.D. v. Texas Medical Board And Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board

• Court: Court of Appeals of Texas
• Decided: May 17, 2018
• Docket: 06-18-00034-CV
• Status: Published

Opinion

ACCEPTED 06-18-00034-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS Appellate Docket Number: 06-18-00034-CV 5/17/2018 4:36 PM DEBBIE AUTREY Appellate Case Style: Martin E. McGonagle CLERK Vs. Texas Medical Board, et al. Companion D-1-GN-16-004188 Case(s): Amended/Corrected Statement FILED IN 6th COURT OF APPEALS DOCKETING STATEMENT (Civil) TEXARKANA, TEXAS Appellate Court: 6th Court of Appeals 5/17/2018 4:36:49 PM (to be filed in the court of appeals upon perfection of appeal under TRAP DEBBIE32) AUTREY Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1DQG, please include party’s name and the name, address, HPDLODGGUHVVtelephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained

Name: Martin E. McGonagle, M.D. Name: Julian L. Rivera Pro Se Bar No. 00797325 If Pro Se Party, enter the following information: Firm Name: Husch Blackwell LLP Address: 510 E. Hwy 377 Address 1: 111 Congress Avenue City/State/Zip: Granbury, Texas 76048 Address 2: Suite 1400 Tel. (214) 557-0459 Ext. Fax: City/State/Zip: Austin, Texas 78701 Email: Tel. (512) 472-5456 Ext. Fax: (512) 479-1101 II. Appellant Attorney(s) Email: julia.rivera@huschblackwell.com Lead Attorney Retained Select Lead Attorney Name: Elizabeth G. Bloch Name: Bar No. 02495500 Bar No. Firm Name: Husch Blackwell LLP Firm Name: Address 1: 111 Congress Avenue Address 1: Address 2: Suite 1400 Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 472-5456 Ext. Fax: (512) 479-1101 Tel. Ext. Fax: Email: heidi.bloch@huschblackwell.com Email: Lead Attorney Retained Select Lead Attorney Name: Lorinda G. Holloway Name: Bar No. 00798264 Bar No. Firm Name: Husch Blackwell LLP Firm Name: Address 1: 111 Congress Avenue Address 1: Address 2: Suite 1400 Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 472-5456 Ext. Fax: (512) 479-1101 Tel. Ext. Fax: Email: lorinda.holloway@huschblackwell.com Email:

Page 1 of 10 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: Texas Medical Board, et al. Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm Name: Address: 333 Guadalupe, Tower 3, Suite 610 Address 1: City/State/Zip: Austin, Texas 78701 Address 2: Tel. (512) 305-7010 Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: IV. Appellee Attorney(s) Email: Lead Attorney District/County Attorney Name: Ted A. Ross Lead Attorney Select

Bar No. 2400889 Name: Firm Name: Office of the Attorney General of Texas Bar No. Address 1: P.O. Box 12548 Firm Name: Address 2: Address 1: City/State/Zip: Austin, Texas 78711 Address 2: Tel. (512) 475-4191 Ext. Fax: (512) 457-4674 City/State/Zip: Email: ted.ross@oag.texas.gov Tel. Ext. Fax: Email: Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address 1: Firm Name: Address 2: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email: Fax: Email:

Page 2 of 10 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Administrative Appeal Date Order or Judgment signed: 04/02/2018 Type of Judgment: Bench Trial Date Notice of Appeal filed in Trial Court: 05/19/2018 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No

VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: 04/20/2018 Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:

Page 3 of 10 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No Date of Order: If yes, trial court finding: Challenge Sustained Overruled

VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 250th Judicial District Clerk’s Record County: Travis Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No D-1-GN-16-004188 If yes, date requested: 05/16/2018 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: The Honorable Lora Livingston Were payment arrangements made with clerk? Address 1: 1st Judical District Yes No Indigent Address 2: 1000 Guadalupe, 3rd Floor (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Austin, Texas 78701 Tel. (512) 854-9309 Ext. Fax: (512) 854-9332 Email:

Page 4 of 10 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 05/16/2018 If no, date it will be requested Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Lasonya Thomas Name: Address 1: 361st District Court, Room 327 Address 1: Address 2: 1000 Guadalupe, 3rd Floor Address 2: City/State/Zip: Austin ,Texas 78701 City/State/Zip: Tel. (512) 854-9331 Ext. Fax: Tel. Ext. Fax: Email: lasonya.thomas@traviscountytx.gov Email:

X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:

Page 5 of 10 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 5th, 6th, 8th, 10th, 13th, or 14th Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Administrative Appeal Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

This is an administrative appeal involving errors of law by TMB in issuing sanctions against Appellant.

How was the case disposed of? Final Judgment following a bench trial. Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: None Punitive (or similar) damages: None Attorney’s fees (trial): None Attorney’s fees (appellate): None Other: found violation of APA If other, please specify: TMB abused discretion and exceeded authority in issuing ordering para. 1 Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: Remanded for TMB proceedings consistent with ruling.

Page 6 of 10 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 5th, 6th, 8th, 10th, 13th, or 14th Court of Appeals.) Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:

XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 10 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). This is an administrative appeal involving errors of law by the Texas Medical Board in issuing sanctions against Appellant.

Page 8 of 10 XV. Signature 05/17/2018 Signature of counsel (or Pro Se Party) Date Elizabeth G. Bloch 02495500 Printed Name State Bar No. /s/ Elizabeth G. Bloch Elizabeth G. Bloch Electronic Signature (Optional) Name

XVI. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court’s Order or Judgment as follows on: /s/ Elizabeth G. Bloch Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

02495500 State Bar No.

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party’s attorney, the name of the party represented by the attorney.

Page 9 of 10 Please enter the following for each person served: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Ted A. Ross Name: Bar No. 2400889 Bar No. Firm Name: Office of the Attorney General of Texas Firm Name: Address 1: P.O. Box 12548 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78711 City/State/Zip: Tel. (512) 475-4191 Ext. Fax: (512) 457-4674 Tel. Ext. Fax: Email: ted.ross@oag.texas.gov Email: Party: Texas Medical Board, et al. Party: Texas Medical Board, et al.

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Texas Medical Board, et al. Party: Texas Medical Board, et al.

Date Served: Manner Served: Select Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Texas Medical Board, et al.

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