In re M. Brett Cooper, M.D. v. the State of Texas

ACCEPTED 15-25-00094-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/23/2025 9:39 AM CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 5/23/2025 9:39:32 AM May 23, 2025 CHRISTOPHER A. PRINE Clerk

Mr. Christoper A. Prine via E-Filing Clerk of the Court Fifteenth Court of Appeals P. O. Box 12852 Austin, TX 78711 Re: Court of Appeals Numbers: 15-25-00094-CV Style: In re M. Brett Cooper, M.D.

To the Fifteenth Court of Appeals: I write to inform you of an update in the trial court in this matter that has mooted Relator’s request for mandamus relief and an emergency stay. On May 21, 2025, Relator Dr. Cooper filed for mandamus relief in this Court, arguing that the trial court abused its discretion in refusing to hold a hearing on its plea to the jurisdiction, and seeking an emergency stay on all trial court proceedings, including a May 29, 2025 hearing on other matters, pending the outcome of its mandamus. The State explained why the trial court’s actions were well within its discretion in its response to Relator’s stay motion, filed on May 22, 2025.

This morning, May 23, 2025, the trial court contacted all parties and informed them that Dr. Cooper’s plea to the jurisdiction will be added to the docket for the May 29, 2025 hearing, thus providing Dr. Cooper with the exact relief he requested in this mandamus. See Exhibit A. This mandamus petition and accompanying stay request is now moot and should be dismissed.

Sincerely, /s/ Abigail E. Smith Abigail E. Smith Assistant Attorney General Consumer Protection Division Phone: (214) 290-8830 [email protected] P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. texa satto r neyg eneral .gov May 23, 2025 Page 2 cc: Avi Moshenberg, via e-service Nicholas R. Lawson, via e-service Simona Agnolucci, via e-service Barrington Dyer, via e-service Jennifer J. Hardy, via e-service Anika Holland, via e-service Emily Abbey, via e-service Isabella McKinley Corbo, via e-service Zoe Packman, via e-service Rodolfo Rivera Aquino, via e-service Remy Carreiro, via e-service Emma Rodriguez, via e-service EXHIBIT A From: Rob Farquharson To: Abby Smith Subject: FW: 493-08026-2024 State of Texas v. Cooper Date: Friday, May 23, 2025 9:00:55 AM Attachments: image002.png image001.png

Rob Farquharson Assistant Attorney General Consumer Protection Division Office of the Attorney General of Texas

From: Amy Patterson <[email protected]> Sent: Friday, May 23, 2025 8:52 AM To: 'Packman, Zoe' <[email protected]>; Rob Farquharson <[email protected]>; Abbey, Emily <[email protected]>; Patrick Todd <[email protected]>; [email protected]; [email protected]; [email protected]; Johnathan Stone <[email protected]>; [email protected]; nonparty-patient- [email protected]; Pauline Sisson <[email protected]>; Emily Samuels <[email protected]>; [email protected]; David Shatto <[email protected]>; [email protected]; Amy Pletscher <[email protected]>; [email protected] Cc: WFG_DrCooper <[email protected]> Subject: RE: 493-08026-2024 State of Texas v. Cooper Counsel, this Court has received Dr. Cooper’s Emergency Motion to Stay filed with the Fifteenth Court of Appeals raising concerns regarding the failure of the Court to set the pending plea to jurisdiction. It was the Court’s intention to speak with the Parties further regarding this Motion, including the issue the Court broached in earlier correspondence - what, if any, targeted jurisdictional discovery is needed/must occur before the Court can rule on the motion - on May 29.

However, given the concerns raised by briefing, we will formally add the plea to the docket for May alongside the other motions we have been asked to set. Judge Nowak asks that supplemental briefing be filed by the Parties on or before noon on May 28 specifying what targeted jurisdictional discovery, if any, has been requested/is still needed/has occurred including specifically on the issues of employment/privileges of Dr. Cooper.

Thank you, Amy Patterson Court Coordinator, 493rd District Court Ph#214-491-4870 You MUST appear for your hearings unless the Court tells you otherwise.

Please send all scheduling request to [email protected] for a faster response time.

From: Packman, Zoe <[email protected]> Sent: Thursday, May 22, 2025 11:06 PM To: Rob Farquharson <[email protected]>; Amy Patterson <[email protected]>; Abbey, Emily <[email protected]>; Patrick Todd <[email protected]>; [email protected]; [email protected]; [email protected]; Johnathan Stone <[email protected]>; [email protected]; nonparty-patient- [email protected]; Pauline Sisson <[email protected]>; Emily Samuels <[email protected]>; [email protected]; David Shatto <[email protected]>; [email protected]; Amy Pletscher <[email protected]>; [email protected] Cc: WFG_DrCooper <[email protected]> Subject: RE: 493-08026-2024 State of Texas v. Cooper ***** WARNING: External Email. Do not click links or open attachments that are unsafe. *****

Good evening Ms. Patterson and counsel, Please find attached Dr. Cooper’s Reply in support of his Emergency Motion to Stay, which was filed this evening in Case No. 15-25-00094-CV in the 15th Court of Appeals.

Thank you, Zoe

Zoe Packman Willkie Farr & Gallagher LLP Bush St | San Francisco, CA 94104 Direct: +1 415 858 7404 | Fax: +1 415 858 7599 [email protected] | vCard | www.willkie.com bio Pronouns: she, her, hers

From: Rob Farquharson <[email protected]> Sent: Thursday, May 22, 2025 12:44 PM To: Amy Patterson <[email protected]>; Abbey, Emily <[email protected]>; Patrick Todd <[email protected]>; [email protected]; [email protected]; [email protected]; Johnathan Stone <[email protected]>; [email protected]; nonparty-patient- [email protected]; Pauline Sisson <[email protected]>; Emily Samuels <[email protected]>; [email protected]; David Shatto <[email protected]>; [email protected]; Amy Pletscher <[email protected]>; [email protected] Cc: WFG_DrCooper <[email protected]> Subject: RE: 493-08026-2024 State of Texas v. Cooper *** EXTERNAL EMAIL *** Ms. Patterson: The State’s Response to Dr. Cooper’s Emergency Motion to Stay in the 15th COA is attached.

All the best, Rob Rob Farquharson Assistant Attorney General Consumer Protection Division Office of the Attorney General of Texas

From: Amy Patterson <[email protected]> Sent: Thursday, May 22, 2025 2:33 PM To: 'Abbey, Emily' <[email protected]>; Patrick Todd <[email protected]>; [email protected]; [email protected]; [email protected]; Johnathan Stone <[email protected]>; [email protected]; nonparty-patient- [email protected]; Pauline Sisson <[email protected]>; Emily Samuels <[email protected]>; [email protected]; David Shatto <[email protected]>; [email protected]; Rob Farquharson <[email protected]>; Amy Pletscher <[email protected]>; [email protected] Cc: WFG_DrCooper <[email protected]> Subject: RE: 493-08026-2024 State of Texas v. Cooper Thank you. I was finally able to receive the four documents. We have not received a copy of the response. Please provide the Court with a copy of the response.

Thank you, Amy Patterson Court Coordinator, 493rd District Court Ph#214-491-4870 You MUST appear for your hearings unless the Court tells you otherwise.

Please send all scheduling request to [email protected] for a faster response time.

From: Abbey, Emily <[email protected]> Sent: Thursday, May 22, 2025 2:25 PM To: Amy Patterson <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: WFG_DrCooper <[email protected]> Subject: Re: 493-08026-2024 State of Texas v. Cooper ***** WARNING: External Email. Do not click links or open attachments that are unsafe. *****

Ms. Patterson: Apologies for the issue, we will re-send the documents to the Court.

Thank you, _ On May 22, 2025 at 12:09:22 PM PDT, Amy Patterson <[email protected]> wrote: *** EXTERNAL EMAIL *** The Court is unable to access the document.

Thank you, Amy Patterson Court Coordinator, 493rd District Court Ph#214-491-4870 You MUST appear for your hearings unless the Court tells you otherwise.

Please send all scheduling request to [email protected] for a faster response time.

Emily Abbey Willkie Farr & Gallagher LLP Bush St | San Francisco, CA 94104 Direct: +1 415 858 7479 | Fax: +1 415 858 7599 [email protected] | vCard | www.willkie.com bio Pronouns: she, her, hers

From: [email protected] <[email protected]> Sent: Wednesday, May 21, 2025 11:30 PM To: [email protected]; [email protected]; [email protected]; [email protected]; Amy Patterson <[email protected]>; [email protected]; [email protected]; nonparty-patient- [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected] Subject: 493-08026-2024 State of Texas v. Cooper ***** WARNING: External Email. Do not click links or open attachments that are unsafe. ***** [email protected] sent you a secure message Access message Enclosed please find Dr. Cooper's Petition for Writ of Mandamus and Emergency Motion to Stay filed this evening in the 15th Court of Appeals.

Attachments expire on May 29, 2025

This message requires that you sign in to access the message and any file attachments.

If you believe you received this email in error, please contact [email protected] Important Notice: This email message is intended to be received only by persons entitled to receive the confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information that is confidential and legally privileged; email messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

Important Notice: This email message is intended to be received only by persons entitled to receive the confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information that is confidential and legally privileged; email messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

Important Notice: This email message is intended to be received only by persons entitled to receive the confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information that is confidential and legally privileged; email messages to non- clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

Important Notice: This email message is intended to be received only by persons entitled to receive the confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information that is confidential and legally privileged; email messages to non- clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

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.

Emily Samuels on behalf of Abigail Smith Bar No. 24141756 [email protected] Envelope ID: 101197476 Filing Code Description: Letter Filing Description: 20250523 States Letter to Court re_Mootness w Ex A Status as of 5/23/2025 9:49 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Pauline Sisson [email protected] 5/23/2025 9:39:32 AM SENT Abby Smith [email protected] 5/23/2025 9:39:32 AM SENT Melinda Pate [email protected] 5/23/2025 9:39:32 AM SENT Avi Moshenberg [email protected] 5/23/2025 9:39:32 AM SENT Simona Agnolucci [email protected] 5/23/2025 9:39:32 AM SENT Dyer Barrington [email protected] 5/23/2025 9:39:32 AM SENT Anika Holland [email protected] 5/23/2025 9:39:32 AM SENT Zoe Packman [email protected] 5/23/2025 9:39:32 AM SENT Remy Carreiro [email protected] 5/23/2025 9:39:32 AM SENT Rob Farquharson [email protected] 5/23/2025 9:39:32 AM SENT Johnathan Stone [email protected] 5/23/2025 9:39:32 AM SENT David Shatto [email protected] 5/23/2025 9:39:32 AM SENT Pauline Sisson [email protected] 5/23/2025 9:39:32 AM SENT Emily Samuels [email protected] 5/23/2025 9:39:32 AM SENT Amy Pletscher [email protected] 5/23/2025 9:39:32 AM SENT Patrick Todd [email protected] 5/23/2025 9:39:32 AM SENT Martin Cohick [email protected] 5/23/2025 9:39:32 AM SENT Cory Sutker [email protected] 5/23/2025 9:39:32 AM SENT Jackie Cooper [email protected] 5/23/2025 9:39:32 AM SENT Thanh Nguyen [email protected] 5/23/2025 9:39:32 AM SENT