In re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas

ACCEPTED 15-25-00032-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/8/2025 7:27 PM NO. 15-25-00032-CV CHRISTOPHER A. PRINE CLERK IN THE FIFTEENTH DISTRICT COURT OF APPEALS FOR THE STATE OF FILED TEXAS IN AT AUSTIN, TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS 4/8/2025 7:27:50 PM Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No.A.3,PRINE CHRISTOPHER Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Clerk Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11,1 Relators On Petition for Writ of Mandamus From the 493rd District Court at Collin County, Texas, Cause No. 493-08026-2024 The Honorable Judge Christine A. Nowak, Presiding

NONPARTY PATIENTS’ ADVISORY IN SUPPORT OF THEIR SECOND EMERGENCY MOTION TO STAY PENDING PETITION FOR WRIT OF MANDAMUS

Jervonne D. Newsome (Lead Counsel) William M. Logan Texas Bar No. 24094869 Texas Bar No. 24106214 [email protected] [email protected] Thanh D. Nguyen Evan D. Lewis Texas Bar No. 24126931 Texas Bar No. 24116670 [email protected] [email protected] Jonathan Hung Olivia A. Wogon Texas Bar No. 24143033 Texas Bar No. 24137299 [email protected] [email protected] WINSTON & STRAWN LLP WINSTON & STRAWN LLP 2121 N. Pearl St., 9th Floor 800 Capitol Street, Suite 2400 Dallas, TX 75201 Houston, TX 77002 Telephone: (214) 453-6500 Telephone: (713) 651-2600

After Relators’ attorneys filed the mandamus petition for this cause number, they executed engagement letters with two more Nonparty Patients—Nonparty Patients Nos. 12 and 13—who are former patients of Dr. Cooper.

The Court previously ordered the Collin County court to memorialize its oral ruling on March 20, 2025, into a written order. Ex. A. The trial court has done so.

Ex. B. In summary, the order clarifies and says that: • On February 28, 2025, the Collin County court ordered Children’s and UTSW to produce “medical, laboratory, billing, and prescription records” from January 1, 2022 to present. Ex. B at 1. It refers to these documents as the “Roll One Documents.” Id. • Almost a month later, on March 20, 2025, the Collin County court conducted a hearing, in which it ordered “production of the . . . Roll One Documents.” Id. at 2.

• Notwithstanding that pronouncement, the Collin County court said that UTSW need not produce any documents until UTSW determined who would serve as its counsel. Id. Thus, only Children’s needed to produce documents as of that date.

• Later, UTSW retained new counsel. Id. at 3. Consequently, on March 26, 2025, the Collin County court said, “[T]he stay of production by UTSW ordered by the Court at the March 20 Hearing was lifted and UTSW was now again subject to, and ordered to comply with, the February 28 Orders.” Id. • Thus, in the Collin County court’s view, Children’s and UTSW are now on the same track and must produce the unrepresented patients’ records to counsel for Dr. Cooper and Dr. Lau. The hospitals shall complete their production by April 16, 2025. Id. at 2.

• With respect to the represented patients, Children’s and UTSW must produce those records to counsel for Dr. Cooper, Dr. Lau, and Relators. The hospitals shall complete their production by April 16, 2025. Id. • On April 16, 2023, the Collin County court will hold a hearing, during which it will announce its rulings regarding its in camera review of requests for additional redactions. Id. at 2–3.

In light of the Collin County court’s instructions, Relators continue to urge that their Second Emergency Motion for a Stay be granted. The Collin County court’s recent clarification specifies that both Children’s and UTSW are subject to its February 28 Order requiring production. On March 20, all the Collin County court did was say that Children’s was subject to that order immediately, and UTSW would become subject to it after it determined who would serve as its counsel. Id. at 2–3. The State’s Response was incorrect when it stated, “Judge Nowak’s March 20th statements also make clear that her orders solely relate to Childrens [sic].” State’s Resp. at 9 (Apr. 3, 2025). Regardless of what the Collin County court’s orders said about the timing of UTSW’s production, it indisputably ordered that “[o]nce UTSW is properly represented, UTSW shall be subject to the February 28 Orders.” Ex. B at 2. Such an order was ripe for review by mandamus proceeding because, as argued in Relators’ Petition, it was improper for the Collin County court to order production in any capacity while Relators’ motion for protection was pending in Dallas County.

Further, in their Petition, Relators specifically requested relief in the form of “a writ of mandamus compelling the Collin County court to strike its February 28, 2025 Written Order, March 6 Oral Order, and March 20 Oral Order compelling the partial production of documents under the State’s Subpoena[s] [sic].” Pet. at vii.

Therefore, relief from both the Collin County court’s February 28 and March 20 Orders were properly before this Court.

As explained in Relators’ Second Emergency Motion for a Stay, this Court’s Order Granting a Stay properly applied to both Children’s and UTSW. The Court should therefore grant Relators’ Second Emergency Motion to Stay and clarify that neither Children’s nor UTSW may produce any documents pursuant to the State’s subpoenas and subject to the orders of the Collin County court.

April 8, 2025 Respectfully Submitted, /s/ Thanh D. Nguyen Jervonne D. Newsome (Lead Counsel) Texas Bar No. 24094869 [email protected] Thanh D. Nguyen Texas Bar No. 24126931 [email protected] Jonathan Hung Texas Bar No. 24143033 [email protected] WINSTON & STRAWN LLP 2121 N. Pearl St., 9th Floor Dallas, TX 75201 Telephone: (214) 453-6500

William M. Logan Texas Bar No. 24106214 [email protected] Evan D. Lewis Texas Bar No. 24116670 [email protected] Olivia A. Wogon Texas Bar No. 24137299 [email protected] WINSTON & STRAWN LLP Capitol Street, Suite 2400 Houston, TX 77002 Telephone: (713) 651-2600 ATTORNEYS FOR RELATORS

CERTIFICATE OF SERVICE I certify that the foregoing was served upon all interested parties pursuant to Tex. R. App. P. 9.5(b)(2) and 52.7(c).

/s/ Thanh D. Nguyen Thanh D. Nguyen

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.

Sarah Shelby on behalf of Thanh Nguyen Bar No. 24126931 [email protected] Envelope ID: 99435492 Filing Code Description: Other Document Filing Description: Nonparty Patients' Advisory in Support of Their Second Emergency Motion to Stay Pending Petition for Writ of Mandamus Status as of 4/9/2025 7:03 AM CST Associated Case Party: NonParty Patient No. 1 Name BarNumber Email TimestampSubmitted Status Jervonne Newsome [email protected] 4/8/2025 7:27:50 PM SENT Thanh Nguyen [email protected] 4/8/2025 7:27:50 PM SENT William Logan [email protected] 4/8/2025 7:27:50 PM SENT Evan Lewis [email protected] 4/8/2025 7:27:50 PM SENT Olivia Wogon [email protected] 4/8/2025 7:27:50 PM SENT

Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status David G. Shatto [email protected] 4/8/2025 7:27:50 PM SENT Rob Farquharson [email protected] 4/8/2025 7:27:50 PM SENT Abby Smith [email protected] 4/8/2025 7:27:50 PM SENT Johnathan Stone [email protected] 4/8/2025 7:27:50 PM SENT Ian Bergstrom [email protected] 4/8/2025 7:27:50 PM SENT Amy Pletscher [email protected] 4/8/2025 7:27:50 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Pauline Sisson [email protected] 4/8/2025 7:27:50 PM SENT Emily Samuels [email protected] 4/8/2025 7:27:50 PM SENT Houston Docketing [email protected] 4/8/2025 7:27:50 PM SENT Jamie Vargo [email protected] 4/8/2025 7:27:50 PM SENT