Texas Court of Appeals, 15th District, 2025

In re AstraZeneca Pharmaceuticals LP v. the State of Texas

Texas Court of Appeals, 15th District · Decided June 24, 2025

Opinion

ACCEPTED 15-25-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/24/2025 2:15 PM No. 15-25-00088-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 6/24/2025 2:15:14 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

IN RE: ASTRAZENECA PHARMACEUTICALS LP Relator

Original Proceeding from the 71st Judicial District Court in Harrison County, Texas The Honorable Brad Morin, Presiding

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR REAL PARTIES-IN-INTEREST AND PLAINTIFFS

Samuel F. Baxter Mark Lanier Jennifer L. Truelove Zeke DeRose McKool Smith, P.C. Jonathan Wilkerson East Houston, Suite 300 THE LANIER FIRM Marshall, Texas 75670 10940 W. Sam Houston Pkwy N, Suite 100 (903) 923-9000 Houston, TX 77064 Fax: (903) 923-9099 (800) 723-3216 Fax: (713) 659-2204 Attorneys for Plaintiffs and Real-Parties-in-Interest SCEF, LLC and Lynne Levin-Guzman

4886-1809-5088 Plaintiffs and Real-Parties-in-Interest SCEF, LLC and Lynne Levin-Guzman (collectively, “Plaintiffs”) respectfully request an additional, 10-day extension to submit their responsive briefing to the mandamus petition filed by Relator AstraZeneca Pharmaceuticals LP (“AstraZeneca”), making the response due on July 10, 2025.

In support of their motion, Plaintiffs state as follows: 1. On May 9, 2025, AstraZeneca filed a petition for writ of mandamus challenging a venue-related ruling the District Court issued on September 1, 2023.

2. The original deadline set by this Court for Plaintiffs to file their responsive briefing was June 9, 2025.

3. On May 30, 2025, Plaintiffs filed a Motion—to which AstraZeneca consented—seeking to extend the deadline for their responsive briefing to June 30, 2025.

4. Plaintiffs explained that the extension was warranted due to significant fact discovery work that was expected to overwhelm Plaintiffs’ legal team throughout the month of June.

5. The Court granted Plaintiffs’ Motion on May 30, 2025, and extended the deadline for Plaintiffs’ responsive briefing to June 30, 2025.

4886-1809-5088 6. In the weeks that have passed since Plaintiffs obtained the initial extension, it has become apparent that fact discovery will continue until, at the very least, mid-July, and, accordingly, the parties have discussed an amended Docket Control Order that is under consideration by the District Court.

7. Because Plaintiffs’ legal team continues to be stretched to capacity with ongoing discovery work and the preparation of expert reports, Plaintiffs have requested an additional, 10-day extension, to prepare their responsive briefing to the mandamus petition.

8. Plaintiffs have conferred with AstraZeneca, who has consented to the relief requested herein.

9. The additional, 10-day extension is not being sought for purposes of delay, but rather to enable Plaintiffs’ legal team to prepare the responsive briefing while simultaneously complying with the District Court’s pre-trial deadlines.

10. Plaintiffs respectfully request that the Court extend the deadline for Plaintiffs to file their responsive briefing to July 10, 2025.

11. This is the second request for an extension of time, and Plaintiffs believe no additional extensions will be needed.

4886-1809-5088 June 24, 2025 Respectfully submitted,

/s/ Sam Baxter /s/ W. Mark Lanier Samuel F. Baxter (co-lead Mark Lanier (co-lead counsel) counsel) [email protected] [email protected] Zeke DeRose Jennifer L. Truelove [email protected] [email protected] Jonathan Wilkerson MCKOOL SMITH P.C. [email protected] East Houston, Suite 300 THE LANIER FIRM Marshall, Texas 75670 6810 FM 1960 West (903) 923-9000 Houston, Texas 77069 Fax: (903) 923-9099 (800) 723-3216 Fax: (713) 659-2204 ATTORNEYS FOR PLAINTIFF/REAL- PARTY-IN-INTEREST HEALTH SELECTION GROUP, LLC

4886-1809-5088 CERTIFICATE OF SERVICE The undersigned hereby certifies that, concurrently with the filing of this motion on June 24, 2025, a true and correct copy of the above and foregoing document has been served to counsel of record through the Court’s e-filing system.

/s/ Samuel F. Baxter Samuel F. Baxter

CERTIFICATE OF CONFERENCE The undersigned certifies that Plaintiffs requested AstraZeneca’s consent to the relief sought herein. On June 20, 2025, counsel for AstraZeneca indicated that AstraZeneca consents to Plaintiffs’ request for extension.

/s/ Samuel F. Baxter Samuel F. Baxter

4886-1809-5088 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.

Envelope ID: 102364785 Filing Code Description: Motion Filing Description: SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR REAL PARTIES-IN-INTEREST AND PLAINTIFFS Status as of 6/24/2025 2:22 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kennon L.Wooten [email protected] 6/24/2025 2:15:14 PM SENT Angela Goldberg [email protected] 6/24/2025 2:15:14 PM SENT Jonathan Wilkerson 24050162 [email protected] 6/24/2025 2:15:14 PM SENT Melissa Smith 24001351 [email protected] 6/24/2025 2:15:14 PM SENT William Peterson 24065901 [email protected] 6/24/2025 2:15:14 PM SENT Samuel Baxter 1938000 [email protected] 6/24/2025 2:15:14 PM SENT Brian McBride 24002554 [email protected] 6/24/2025 2:15:14 PM SENT Zeke DeRose 24057421 [email protected] 6/24/2025 2:15:14 PM SENT Jennifer Truelove 24012906 [email protected] 6/24/2025 2:15:14 PM SENT Alex Brown 24026964 [email protected] 6/24/2025 2:15:14 PM SENT Lynne Kurtz-Citrin 24081425 [email protected] 6/24/2025 2:15:14 PM SENT Jonathan Bonilla 24073939 [email protected] 6/24/2025 2:15:14 PM SENT W. Mark Lanier 11934600 [email protected] 6/24/2025 2:15:14 PM SENT Heidi Rasmussen 24090345 [email protected] 6/24/2025 2:15:14 PM SENT Nadia Burns 24041176 [email protected] 6/24/2025 2:15:14 PM SENT Ruth Adams [email protected] 6/24/2025 2:15:14 PM SENT Steve McConnico [email protected] 6/24/2025 2:15:14 PM SENT Jordan Kadjar [email protected] 6/24/2025 2:15:14 PM SENT John Dodds [email protected] 6/24/2025 2:15:14 PM SENT Erica Jaffe [email protected] 6/24/2025 2:15:14 PM SENT W. Mark Lanier [email protected] 6/24/2025 2:15:14 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

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