Texas Health and Human Services Commission v. Jessica Canto

Opinion

ACCEPTED 15-24-00080-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/21/2025 3:27 PM Case No. 15-24-00080-CV CHRISTOPHER A. PRINE CLERK In the Fifteenth District Court of Appeals at Austin, Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS

TEXAS HEALTH AND HUMAN SERVICES COMMISSION , 5/21/2025 3:27:32 PM CHRISTOPHER A. PRINE Appellant, Clerk

v.

JESSICA CANTO, Appellee.

On Appeal from the 200th District Court of Travis County, Texas The Honorable Jessica Mangrum, Presiding

AGREED MOTION TO CORRECT THE ADMINISTRATIVE RECORD

KEN PAXTON ROSALIND L. HUNT Attorney General of Texas State Bar No. 24067108 Assistant Attorney General BRENT WEBSTER Administrative Law Division First Assistant Attorney General Office of the Attorney General of Texas P.O. Box 12548, Capitol Station RALPH MOLINA Austin, Texas 78711-2548 Deputy First Assistant Attorney Telephone:(512) 475-4166 General rosalind.hunt@oag.texas.gov

AUSTIN KINGHORN ATTORNEYS FOR APPELLANT Deputy Attorney General for Civil TEXAS HEALTH AND HUMAN SERVICES Litigation COMMISSION

ERNEST C. GARCIA Chief, Administrative Law Division Appellant the Texas Health and Human Services Commission and

Appellee Jessica Canto file this Agreed Motion to Correct the

Administrative Record pursuant to Rule 36.3(a) of the Texas Rules of

Appellate Procedure.

After the administrative record was filed with the Court of Appeals,

the Appellant learned that the administrative record was incomplete.

Only the sealed portion of the record was filed on May 7, 2025, and the

un-sealed portion of the record was missing.

The Notice of Filing of the Administrative Record stated that the

record included two USB flash drives, containing:

(1) a 363-page pdf document with sensitive data redacted as required by Texas Rule of Civil Procedure 21c;

(2) The sealed record, including an Agreed Order Sealing Restricted Information, one audio file, eighteen video files, and one 168- page pdf document.

However, the Travis County district clerk’s office only received one

USB flash drive. That flash drive contained the sealed portion of the

record and was filed with the Court of Appeals. The parties now wish to

supplement the administrative record with 363-page pdf document with

sensitive data redacted as required by Texas Rule of Civil Procedure 21c.

All parties agree that this document should have been included in the

record. Page 2 of 4 Upon granting of this motion, Appellant will file a supplemental

administrative record with the Travis County district clerk containing an

official certification of the record and the 363-page pdf document.

PRAYER

The parties respectfully request the Court to grant this motion to

correct the administrative record and allow Appellant to supplement the

record with 363-page pdf document.

Page 3 of 4 Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

/s/ Rosalind L. Hunt______________ ROSALIND L. HUNT State Bar No. 24067108 Assistant Attorney General Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4166 rosalind.hunt@oag.texas.gov

ATTORNEYS FOR APPELLANT TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Page 4 of 4 CERTIFICATE OF CONFERENCE

I hereby certify that on May 21, 2025, the undersigned counsel for Appellant conferred with counsel for Appellee and Appellee agrees and joins in the filing of this motion.

/s/ Rosalind L. Hunt______________ ROSALIND L. HUNT ATTORNEY FOR APPELLANT TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CERTIFICATE OF SERVICE

I hereby certify that on May 21, 2025, a true and correct copy of the above and forgoing document has been served to the following party of record via electronic service and/or electronic mail:

Kim Cox State Bar No. 04951500 Law Office of Kim A. Cox 4101 S. Alameda St. Corpus Christi, Texas 78411 (361) 883-3265 kimacox@aol.com

ATTORNEY FOR APPELLEE

/s/ Rosalind L. Hunt_____________ ROSALIND L. HUNT ATTORNEY FOR APPELLANT TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Page 5 of 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.

Jennifer Foster on behalf of Rosalind Hunt Bar No. 24067108 jennifer.foster@oag.texas.gov Envelope ID: 101122313 Filing Code Description: Motion Filing Description: Agreed Motion to Correct the Administrative Record Status as of 5/21/2025 4:19 PM CST

Associated Case Party: Tex Health & Human Services Comm

Name BarNumber Email TimestampSubmitted Status

Rosalind Hunt rosalind.hunt@oag.texas.gov 5/21/2025 3:27:32 PM SENT

Associated Case Party: Jessica Canto

Name BarNumber Email TimestampSubmitted Status

Pamela MWilliams pmrshwms40@aol.com 5/21/2025 3:27:32 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Foster Jennifer.Foster@oag.texas.gov 5/21/2025 3:27:32 PM SENT

Kim Cox kimacox@aol.com 5/21/2025 3:27:32 PM ERROR