Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company

ACCEPTED
15-24-00114-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
8/29/2025 11:26 AM
NO. 15-24-00114-CV CHRISTOPHER A. PRINE
CLERK
FILED IN

In the Fifteenth District 15th COURT OF APPEALS
AUSTIN, TEXAS
8/29/2025 11:26:47 AM

Court of Appeals CHRISTOPHER A. PRINE
Clerk

Cecile Erwin Young, in Her Official Capacity as Executive Commissioner of
the Texas Health and Human Services Commission, Molina Healthcare of
Texas, Inc., and Aetna Better Health of Texas, Inc.,
Appellants,
v.
Cook Children’s Health Plan, Texas Children’s Health Plan, Superior Health
Plan, Inc., and Wellpoint Insurance Company,
Appellees.

On Appeal from Cause No. D-1-GN-24-003839, In the 455th Judicial District
Court of Travis County, Texas / Honorable Laurie Eiserloh, Presiding Judge

APPELLEES’ JOINT MOTION TO SET DEADLINE FOR FILING
REPLIES IN SUPPORT OF RULE 29.3 MOTIONS

Appellees Cook Children’s Health Plan, Texas Children’s Health Plan,

Superior Health Plan, Inc., and Wellpoint Insurance Company (collectively,

“Appellees”) file this Joint Motion to Set Deadline for Filing Replies in Support of

Rule 29.3 Motions. In support, Appellees show the following:

1. On July 10, 2025, Appellees Cook Children’s Health Plan and Texas

Children’s Plan, Appellee Superior HealthPlan, Inc., and Appellee Wellpoint
Insurance Company filed opposed motions requesting temporary relief under Texas

Rule of Appellate Procedure 29.3 to preserve the status quo pending disposition of

this interlocutory appeal brought by Appellants.

2. On July 14, 2025, Appellant Cecile Young, in her official capacity as

the Executive Commissioner of the Texas Health and Human Services Commission

(“the Executive Commissioner”), filed a motion to extend the deadline for filing her

response by 30 days from July 21, 2025 to August 20, 2025 – giving her 41 total

days to file her response (July 10, 2025 to August 20, 2025). In support, the

Executive Commissioner cited: (1) other briefing and argument obligations; (2)

prelitigation, oversight, and managerial responsibilities in the Office of the Attorney

General; (3) the receipt of three Rule 29.3 motions from four appellees; and (4) “the

volume of material requiring response [being] greater than the usual Rule 29.3

context, totaling over 150 pages.”

3. Appellees – and to the extent the Executive Commissioner conferred

with Appellants Molina Healthcare of Texas, Inc. (“Molina”) and Aetna Better

Health of Texas, Inc. (“Aetna”) – did not oppose the Executive Commissioner’s

motion for extension that gave her 41 days to file her response.

4. On July 15, 2025, this Court granted the Executive Commissioner’s

motion and extended the deadline for filing her response until August 25, 2025,

which gave the Executive Commissioner 46 days to file her response.

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5. On August 25, 2025, the Executive Commissioner filed her response to

Appellees’ Rule 29.3 motions. On August 25, 2025, Molina also filed a response.

And on August 27, 2025, Aetna filed a response adopting the Executive

Commissioner’s and Molina’s responses.

6. Given the importance of the temporary relief requested in their Rule

29.3 motions, Appellees intend to file replies in support of their motions and

respectfully request that this Court not hear or determine their motions until

Appellees have had the opportunity to file their replies.

7. Texas Rule of Appellate Procedure 10 does not establish a deadline by

which Appellees must file their replies in support of their Rule 29.3 motions.

Accordingly, Appellees file this motion requesting that this Court grant them until

October 9, 2025 – 45 days after the Executive Commissioner and Molina filed their

responses – to file Appellees’ replies in support of their Rule 29.3 motions.

8. Such a deadline is justified in light of counsel for Appellees’ briefing

and other obligations in other matters as well as the volume of arguments asserted

by the Executive Commissioner and Molina in their responses (a significant number

of which have not been previously raised in the trial court or in this appeal) that

require reply by Appellees and that are “greater than the usual Rule 29.3 context.”

9. Given the importance of the temporary relief requested by Appellees

and the overlap of the issues addressed in Appellees’ Rule 29.3 motions with the

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issues that will be addressed in Appellees’ merits briefs, Appellees submit that this

motion, if granted, will enable them to provide this Court with a thorough and

thoughtful analysis of the Executive Commissioner’s and Molina’s responses that

will significantly assist this Court in deciding Appellees’ motions.

10. Finally, as the Executive Commissioner noted in her motion for

extension of time to respond to Appellees’ Rule 29.3 motions and which applies

equally to the relief Appellees request herein, “no party will be prejudiced …

because no party is seeking expedited or emergency review” and Appellants

themselves received 46 days to file their responses to the Rule 29.3 motions.

CONCLUSION

For the reasons herein, Appellees respectfully request that this Court: (1) grant

Appellees’ Joint Motion to Set Deadline for Filing Replies in Support of Rule 29.3

Motions; (2) grant Appellees until and including October 9, 2025 to file their replies

in support of their Rule 29.3 motions; and (3) grant Appellees any and all other relief

to which they are entitled.

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Respectfully submitted,

NORTON ROSE FULBRIGHT US LLP ALEXANDER DUBOSE & JEFFERSON

By /s/ Warren S. Huang By /s/ Amy Warr
Susan Feigin Harris Amy Warr
State Bar No. 06876980 State Bar No. 00795708
susan.harris@nortonrosefulbright.com awarr@adjtlaw.com
Warren S. Huang Anna M. Baker
State Bar No. 00796788 State Bar No. 00791362
warren.huang@nortonrosefulbright.com abaker@adjtlaw.com
1550 Lamar, Suite 2000 100 Congress Avenue, Suite 1450
Houston, Texas 77010 Austin, Texas 78701-2709
Telephone: (713) 651-5151 Telephone: (512) 482-9300

Paul D. Trahan Karen C. Burgess
State Bar No. 24003075 State Bar No. 00796276
paul.trahan@nortonrosefulbright.com kburgess@burgesslawpc.com
NORTON ROSE FULBRIGHT US LLP Katie Dolan-Galaviz
98 San Jacinto Boulevard, Suite 1100 State Bar No. 24069620
Austin, Texas 78701 kgalaviz@burgesslawpc.com
Telephone: (512) 474-5201 BURGESS LAW PC
404 West 13th Street
Thomas A. Coulter Austin, Texas 78701-1825
tom.coulter@nortonrosefulbright.com Telephone: (512) 482-8808
State Bar No. 04885500
NORTON ROSE FULBRIGHT US LLP Matthew P. Gordon
799 9th Street, NW, Suite 1100 mgordon@perkinscoie.com
Washington, D.C. 20001 Admission Pro Hac Vice
Telephone: (202) 662-0200 PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Counsel for Appellee Texas Children’s Seattle, Washington 98101-3099
Health Plan Telephone: (206) 359-8000

Counsel for Appellee Plaintiff Cook
Children’s Health Plan

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FOLEY & LARDNER LLP HOLLAND & KNIGHT LLP

By /s/ Stacy R. Obenhaus By /s/ Richard B. Phillips, Jr.
Robert F. Johnson III Richard B. Phillips, Jr.
State Bar No. 10786400 State Bar No. 24032833
rjohnson@foley.com rich.phillips@hklaw.com
600 Congress Avenue, Suite 3000 One Arts Plaza
Austin, Texas. 78701 1722 Routh Street, Suite 1500
Telephone: (512) 542-7000 Dallas, Texas 75201
Telephone: (214) 964-9500
Michelle Y. Ku
State Bar No. 24071452 Karen D. Walker
mku@foley.com Admission Pro Hac Vice
Stacy R. Obenhaus karen.walker@hklaw.com
State Bar No. 15161570 Tiffany Roddenberry
sobenhaus@foley.com Admission Pro Hac Vice
FOLEY & LARDNER LLP tiffany.roddenberry@hklaw.com
2021 McKinney, Suite 1600 HOLLAND & KNIGHT LLP
Dallas, Texas 75201 315 South Calhoun Street, Suite 600
Telephone: (214) 999-3000 Tallahassee, Florida 32301
Telephone: (850) 425-5612
Benjamin J. Grossman
Of Counsel Counsel for Appellee Superior
bjgrossman@foley.com Health Plan, Inc.
FOLEY & LARDNER LLP
106 East College Avenue, Suite 900
Tallahassee, Florida 32301
Telephone: (850) 222-6100

Counsel for Appellee Wellpoint
Insurance Company

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CERTIFICATE OF CONFERENCE

Undersigned counsel for Appellee Texas Children’s Health Plan, on behalf of

Appellees, conferred with counsel for Appellants regarding the relief requested in

this motion. The Executive Commissioner does not oppose a 30-day deadline but

opposes a 45-day deadline. Aetna does not oppose up to a 30-day deadline but

opposes more than a 30-day deadline. Molina opposes the relief requested in

Appellees’ motion.

/s/ Warren S. Huang
Warren S. Huang

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CERTIFICATE OF SERVICE

Undersigned counsel hereby certifies that a copy of Appellees’ Joint Motion

to Set Deadline for Filing Replies in Support of Rule 29.3 Motions was served in

compliance with Texas Rule of Appellate Procedure 9.5 via the electronic filing

manager or electronic mail on August 29, 2025, upon all counsel of record:

Ken Paxton
Attorney General of Texas
Brent Webster
First Assistant Attorney General
William R. Peterson
Solicitor General
William F. Cole
Principal Deputy Solicitor General
william.cole@oag.texas.gov
Cory A. Scanlon
Assistant Solicitor General
cory.scanlon@oag.texas.gov
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-25848

Counsel for Appellant Cecile Erwin Young,
In Her Official Capacity as Executive
Commissioner of the Texas Health and
Human Services Commission

8
Joseph R. Knight Cheryl Joseph LaFond
jknight@ebbklaw.com clafond@scottdoug.com
EWELL, BROWN, BLANKE & KNIGHT LLP Jason LaFond
111 Congress Avenue, Suite 2800 jlafond@scottdoug.com
Austin, Texas 78701 SCOTT, DOUGLASS & MCCONNICO LLP
303 Colorado Street, Suite 2400
Mark J. Kessler Austin, Texas 78701
mkessler@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP Counsel for Molina Healthcare of
41 South High Street, Suite 1800 Texas, Inc.
Columbus, Ohio 43215-6106

Counsel for Aetna Better Health of
Texas, Inc.

/s/ Warren S. Huang
Warren S. Huang

9
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.

Warren Huang on behalf of Warren Huang
Bar No. 796788
warren.huang@nortonrosefulbright.com
Envelope ID: 105019158
Filing Code Description: Motion
Filing Description: Motion
Status as of 8/29/2025 11:43 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michaelle Peters mpeters@scottdoug.com 8/29/2025 11:26:47 AM SENT

Julie Wright julie.wright@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Amanda DoddsPrice amanda.price@squirepb.com 8/29/2025 11:26:47 AM SENT

Maria Williamson maria.williamson@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Mandy Patterson mpatterson@adjtlaw.com 8/29/2025 11:26:47 AM SENT

Michelle Joyner mjoyner@scottdoug.com 8/29/2025 11:26:47 AM SENT

William FCole William.Cole@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Abril Rivera arivera@scottdoug.com 8/29/2025 11:26:47 AM SENT

Nancy Villarreal nancy.villarreal@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Cory Scanlon cory.scanlon@oag.texas.gov 8/29/2025 11:26:47 AM SENT

David Johns david@cobbjohns.com 8/29/2025 11:26:47 AM SENT

Jessie Johnson jessie.johnson@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Stacey Jett sjett@adjltaw.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Cook Children's Health Plan

Name BarNumber Email TimestampSubmitted Status

Karen Burgess 796276 kburgess@burgesslawpc.com 8/29/2025 11:26:47 AM SENT

Anna Baker 791362 abaker@adjtlaw.com 8/29/2025 11:26:47 AM SENT

Amy Warr 795708 awarr@adjtlaw.com 8/29/2025 11:26:47 AM SENT

Juliana Bennington jbennington@perkinscoie.com 8/29/2025 11:26:47 AM SENT

Jonathan Hawley jhawley@perkinscoie.com 8/29/2025 11:26:47 AM ERROR

Trisha Marino tmarino@perkinscoie.com 8/29/2025 11:26:47 AM SENT
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.

Warren Huang on behalf of Warren Huang
Bar No. 796788
warren.huang@nortonrosefulbright.com
Envelope ID: 105019158
Filing Code Description: Motion
Filing Description: Motion
Status as of 8/29/2025 11:43 AM CST

Associated Case Party: Cook Children's Health Plan

Trisha Marino tmarino@perkinscoie.com 8/29/2025 11:26:47 AM SENT

Katie Dolan-Galaviz kgalaviz@burgesslawpc.com 8/29/2025 11:26:47 AM SENT

Perkins Docketing Team DocketSEA@perkinscoie.com 8/29/2025 11:26:47 AM SENT

Matthew Gordon mgordon@perkinscoie.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Texas Children's Health Plan

Name BarNumber Email TimestampSubmitted Status

Mark Emery 24050564 mark.emery@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Warren Huang 796788 warren.huang@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Paul Trahan 24003075 paul.trahan@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Susan Harris 6876980 susan.harris@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Thomas Coulter 4885500 tom.coulter@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Kayla Ahmed kayla.ahmed@nortonrosefulbright.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Wellpoint Insurance Company

Name BarNumber Email TimestampSubmitted Status

Robert Johnson 10786400 rjohnson@foley.com 8/29/2025 11:26:47 AM SENT

Michelle Ku 24071452 mku@foley.com 8/29/2025 11:26:47 AM SENT

Kristin Hernandez kristin.hernandez@foley.com 8/29/2025 11:26:47 AM SENT

Stacey Obenhaus sobenhaus@foley.com 8/29/2025 11:26:47 AM SENT

Benjamin Grossman bjgrossman@foley.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Superior Healthplan Inc.
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.

Warren Huang on behalf of Warren Huang
Bar No. 796788
warren.huang@nortonrosefulbright.com
Envelope ID: 105019158
Filing Code Description: Motion
Filing Description: Motion
Status as of 8/29/2025 11:43 AM CST

Associated Case Party: Superior Healthplan Inc.

Name BarNumber Email TimestampSubmitted Status

Richard Phillips 24032833 Rich.Phillips@hklaw.com 8/29/2025 11:26:47 AM SENT

J McCaig 24070083 meghan.mccaig@outlook.com 8/29/2025 11:26:47 AM SENT

Karen Walker karen.walker@hklaw.com 8/29/2025 11:26:47 AM SENT

Tiffany Roddenberry tiffany.roddenberry@hklaw.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Texas Health and Human Services

Name BarNumber Email TimestampSubmitted Status

Victoria Gomez victoria.gomez@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Jennifer Cook Jennifer.Cook@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Associated Case Party: Molina Healthcare of Texas, Inc.

Name BarNumber Email TimestampSubmitted Status

Cheryl LaFond 24104015 clafond@scottdoug.com 8/29/2025 11:26:47 AM SENT

Jason R.LaFond jlafond@scottdoug.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Aetna Better Health of Texas, Inc.

Name BarNumber Email TimestampSubmitted Status

Joseph Knight 11601275 jknight@ebbklaw.com 8/29/2025 11:26:47 AM SENT

Associated Case Party: Cecile Erwin Young, Texas Health and Human Services
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.

Warren Huang on behalf of Warren Huang
Bar No. 796788
warren.huang@nortonrosefulbright.com
Envelope ID: 105019158
Filing Code Description: Motion
Filing Description: Motion
Status as of 8/29/2025 11:43 AM CST

Associated Case Party: Cecile Erwin Young, Texas Health and Human Services

Name BarNumber Email TimestampSubmitted Status

Cory Scanlon 24104599 cory.scanlon@oag.texas.gov 8/29/2025 11:26:47 AM SENT

Jeffrey Stephens jeff.stephens@oag.texas.gov 8/29/2025 11:26:47 AM SENT