Home/Court of Appeals of Texas/State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Court of Appeals of Texas·Decided April 24, 2025·No. 15-25-00013-CV·Published

Opinion

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/24/2025 3:24 PM No. 15-25-00013-CV CHRISTOPHER A. PRINE CLERK

In the Court of Appeals FILED IN 15th COURT OF APPEALS for the Fifteenth Judicial District AUSTIN, TEXAS ______________________________ 4/24/2025 3:24:59 PM CHRISTOPHER A. PRINE Clerk S TATE OF T EXAS , THE T EXAS F ACILITIES C OMMISS ION , THE T EXAS H EALTH AND H UM AN S ERVICES COM MISS ION , M IKE N OVAK , IN HIS O FFICIAL C APACITY AS E XECUTIVE D IR ECTOR OF THE TFC, AND R OLLAND N ILES , IN HIS O FF ICIAL C APACITY AS D EPUTY E XEC UTIVE C OMMISS IONER FOR THE S YSTEM S UPPORT S ERVICES D IVISION OF T HE T EXAS H EALTH AND H UMAN S ERVICES C OMM ISS ION , Appellants, v.

B ROADM OOR A USTIN A SSOCIATES , A T EXAS J OINT V ENTURE , Appellee.

On Appeal from the 455th Judicial District Court, Travis County, Texas Cause No. D-1-GN-23-007899

APPELLANT’S MOTION TO WITHDRAW AND NOTICE OF LEAD COUNSEL

Appellants, State of Texas, The Texas Facilities Commission, The Texas

Health and Human Services Commission, Mike Novak, in his Official Capacity as

Executive Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy

Executive Commissioner for the System Support Services Division of the Texas

Health and Human Services Commission, would show the Court the following:

1. The current counsel on behalf of Appellants is Alyssa Bixby-Lawson.

2. Ms. Bixby-Lawson has accepted a position outside of the division

handling this matter and requests to withdraw from this case. Appellants designate

Jennifer Cook as new lead counsel. Ms. Cook is licensed to practice law in the state

of Texas and is a member in good standing of the State Bar of Texas. Ms. Cook’s

contact information is as follows:

JENNIFER COOK Assistant Attorney General General Litigation Division Office of the Attorney General P.O. Box 12548/Mail Stop 019-1 Austin, Texas 78711-2548 Tel: (512) 475-4098 Fax: (512) 302-0667 jennifer.cook@oag.texas.gov

3. Appellants respectfully request that the Court remove Ms. Bixby-

Lawson as counsel of record and attorney-in-charge for this cause.

4. The undersigned has conferred with counsel for Appellee, who indicated

they are unopposed to the withdrawal of Ms. Bixby-Lawson and substitution of Ms.

Cook as counsel in charge of Appellants.

PRAYER

Appellants request that Ms. Cook be added to all future correspondence and

notifications of filings in this matter and be substituted as lead counsel, and that Ms.

Bixby-Lawson be removed as counsel of record.

Respectfully submitted.

KEN PAXTON Attorney General

BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

/s/ Alyssa Bixby-Lawson Alyssa Bixby-Lawson Texas Bar No. 24122680 Assistant Attorney General General Litigation Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (210) 270-1118 Fax: (512) 320-0667 Alyssa.Bixby-Lawson@oag.texas.gov Counsel for Appellants

CERTIFICATE OF CONFERENCE

On April 24, 2025, the undersigned conferred with lead counsel for Appellee, who stated they are unopposed to the relief requested.

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served electronically through the electronic-filing manager on April 24, 2025 to all counsel of record.

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON

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.

Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 victoria.gomez@oag.texas.gov Envelope ID: 100058902 Filing Code Description: Motion Filing Description: 20250424_MTW and Sub Broadmoor Status as of 4/24/2025 4:08 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michaelle Peters mpeters@scottdoug.com 4/24/2025 3:24:59 PM SENT

Angela Goldberg agoldberg@scottdoug.com 4/24/2025 3:24:59 PM SENT

Susie Smith ssmith@scottdoug.com 4/24/2025 3:24:59 PM SENT

Jason R.LaFond jlafond@scottdoug.com 4/24/2025 3:24:59 PM SENT

Kemp Kasling kkasling@kaslinglaw.com 4/24/2025 3:24:59 PM SENT

Angie Espinoza aespinoza@scottdoug.com 4/24/2025 3:24:59 PM SENT

Associated Case Party: State of Texas

Name BarNumber Email TimestampSubmitted Status

Victoria Gomez victoria.gomez@oag.texas.gov 4/24/2025 3:24:59 PM SENT

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/24/2025 3:24:59 PM SENT

Associated Case Party: Broadmoor Austin Associates, a Texas Joint Venture

Name BarNumber Email TimestampSubmitted Status

Sara W.Clark sclark@scottdoug.com 4/24/2025 3:24:59 PM SENT

Casey Dobson cdobson@scottdoug.com 4/24/2025 3:24:59 PM SENT

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State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture, (Tex. Ct. App. 2025).

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture (State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.