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
Opinion
ACCEPTED 15-24-00114-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/14/2025 2:35 PM No. 15-24-00114-CV CHRISTOPHER A. PRINE CLERK __________________________________________________________________ FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS A USTIN, TEXAS 7/14/2025 2:35:51 PM __________________________________________________________________ CHRISTOPHER A. PRINE Clerk Cecile E. Young, in her official capacity as Executive Commissioner of Texas Health & Human Services Commission, Molina Healthcare of Texas, Inc.; and Aetna Better Health of Texas, Inc. Appellant, v. Cook Children’s Health Plan, Texas Children’s Health Plan, Superior HealthPlan, Inc., and Wellpoint Insurance Company, Appellees. __________________________________________________________________ Appeal from 455th Judicial District Court, Travis County, Texas, Trial Court Cause No. D-1-GN-24-003839, Hon. Laurie Eiserloh, Presiding ________________________________________________________________ MARC J. KESSLER’S UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE AS COUNSEL FOR AETNA BETTER HEALTH OF TEXAS INC. ________________________________________________________________ TAFT STETTINIUS & HOLLISTER LLP EWELL, BROWN, BLANKE & KNIGHT LLP Marc J. Kessler Joseph R. Knight Ohio Bar No. 0059236 State Bar No. 11601275 South High Street, Suite 1800 111 Congress Ave., Suite 2800 Columbus, Ohio 43215-6106 Austin, Texas 78701 (614) 220-0237 (512) 770-4010 ATTORNEYS FOR APPELLANT AETNA BETTER HEALTH OF TEXAS, INC. Under Texas Government Code section 82.0361 and Rule 19 of the Rules Governing Admission to the Bar of Texas, Marc J. Kessler moves the Court to grant this motion pro hac vice and allow him to appear before the Court as counsel for Aetna Better Health of Texas, Inc. This motion is unopposed.
Marc J. Kessler is a resident of and practices law in Columbus, Ohio. His contact information is: Marc J. Kessler TAFT STETTINIUS & HOLLISTER LLP South High Street, Suite 1800 Columbus, Ohio 43215-6106 Phone 614.220.0237 Fax 614.221.2007 [email protected] Marc J. Kessler is associated with resident attorney Joseph R. Knight, who will personally participate in this case. Joseph R. Knight is a practicing attorney and member of the State Bar of Texas. His contact information is: Joseph R. Knight EWELL, BROWN, BLANKE & KNIGHT LLP State Bar No. 11601275 Congress Ave., Suite 2800 Austin, Texas 78701 (512) 770-4010 [email protected]
Marc J. Kessler has not appeared or sought to appear in any Texas court within the past two years. He is admitted to the Bar of the state of Ohio and is also admitted to practice in the United States District Courts for the Northern and Southern Districts of Ohio and the United States Court of Appeals for the Sixth and Ninth Circuits. Marc J. Kessler is an active member in good standing in each of those jurisdictions.
Marc J. Kessler has not been the subject of any disciplinary action by the state bar or courts of any jurisdiction in which he is licensed within the preceding five years, and there are no pending disciplinary proceedings against him as a member of any jurisdiction.
Marc J. Kessler has not been denied admission to the courts of any state or to any federal court during the preceding five years.
Marc J. Kessler is familiar with the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas, and will at all times abide by and comply with those rules as long as this cause of action is pending.
A copy of the Texas Board of Law Examiners Non-Resident Acknowledgement Letter acknowledging receipt of Marc J. Kessler’s application for pro hac vice admission and payment of the admission fee is attached hereto as Exhibit A.
Respectfully submitted, TAFT STETTINIUS & HOLLISTER LLP /s/ Marc J. Kessler Marc J. Kessler Ohio Bar No. 0059236 South High Street, Suite 1800 Columbus, Ohio 43215-6106 (614) 220-0237 EWELL, BROWN, BLANKE & KNIGHT LLP /s/ Joseph R. Knight Joseph R. Knight State Bar No. 11601275 Congress Avenue, 28th Floor Austin, Texas 78701 512.770.4010 877.851.6384 (fax) [email protected] Attorneys for Aetna Better Health of Texas, Inc. CERTIFICATE OF CONFERENCE I certify that I conferred by telephone with counsel for all parties to this appeal, and all parties are unopposed to the relief sought in this motion.
/s/ Joseph R. Knight Joseph R. Knight CERTIFICATE OF SERVICE I certify that a true copy of the foregoing document has been served on all counsel of record on July 14, 2024, via the Court’s electronic filing service.
/s/ Joseph R. Knight Joseph R. Knight
EXHIBIT A Board of Law Examiners Appointed by the Supreme Court of Texas June 27, 2025
Marc J. Kessler Via: E-Mail
Acknowledgment Letter Non-Resident Attorney Fee According to Texas Government Code §82.0361, "a nonresident attorney requesting permission to participate in proceedings in a court in this state shall pay a fee of $250 for each case in which the attorney is requesting to participate." This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter: Non-resident attorney: Marc J. Kessler Case: 15-24-00114-CV Texas court or body: Fifteenth Court of Appeals, Austin, Texas
After satisfying the fee requirement, a non-resident attorney shall file a motion in the Texas court or body in which the non-resident attorney is requesting permission to appear. The motion shall contain the information and statements required by Rule 19(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied by this Acknowledgment Letter and by a motion from a resident practicing Texas attorney that contains the statements required by Rule 19(b).
The decision to grant or deny a non-resident attorney's motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed.
For more information, please see Rule 19 of the Rules Governing Admission to the Bar of Texas and §82.0361, of the Texas Government Code, which can be found on the Board's website.
MAILING ADDRESS TELEPHONE: 512- 463-1621 - FACSIMILE: 512- 463-5300 STREET ADDRESS Post Office Box 13486 WEBSITE: www.ble.texas.gov 205 West 14th Street, Ste.500 Austin,Texas 78711-3486 Austin, Texas 78701 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: 103100754 Filing Code Description: Motion Filing Description: Unopposed Motion to Appear Pro Hac Vice Status as of 7/14/2025 2:51 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Michaelle Peters [email protected] 7/14/2025 2:35:51 PM SENT Julie Wright [email protected] 7/14/2025 2:35:51 PM SENT Amanda DoddsPrice [email protected] 7/14/2025 2:35:51 PM SENT Karen Burgess 796276 [email protected] 7/14/2025 2:35:51 PM SENT Mark Emery 24050564 [email protected] 7/14/2025 2:35:51 PM SENT Robert Johnson 10786400 [email protected] 7/14/2025 2:35:51 PM SENT Richard Phillips 24032833 [email protected] 7/14/2025 2:35:51 PM SENT J McCaig 24070083 [email protected] 7/14/2025 2:35:51 PM SENT Michelle Ku 24071452 [email protected] 7/14/2025 2:35:51 PM SENT Joseph Knight 11601275 [email protected] 7/14/2025 2:35:51 PM SENT Amy Warr 795708 [email protected] 7/14/2025 2:35:51 PM SENT Warren Huang 796788 [email protected] 7/14/2025 2:35:51 PM SENT Paul Trahan 24003075 [email protected] 7/14/2025 2:35:51 PM SENT Susan Harris 6876980 [email protected] 7/14/2025 2:35:51 PM SENT Anna Baker 791362 [email protected] 7/14/2025 2:35:51 PM SENT Maria Williamson [email protected] 7/14/2025 2:35:51 PM SENT Mandy Patterson [email protected] 7/14/2025 2:35:51 PM SENT Michelle Joyner [email protected] 7/14/2025 2:35:51 PM SENT William FCole [email protected] 7/14/2025 2:35:51 PM SENT Abril Rivera [email protected] 7/14/2025 2:35:51 PM SENT Nancy Villarreal [email protected] 7/14/2025 2:35:51 PM SENT Kristin Hernandez [email protected] 7/14/2025 2:35:51 PM 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.
Envelope ID: 103100754 Filing Code Description: Motion Filing Description: Unopposed Motion to Appear Pro Hac Vice Status as of 7/14/2025 2:51 PM CST Case Contacts Kristin Hernandez [email protected] 7/14/2025 2:35:51 PM SENT Thomas Coulter 4885500 [email protected] 7/14/2025 2:35:51 PM SENT Victoria Gomez [email protected] 7/14/2025 2:35:51 PM SENT Jessie Johnson [email protected] 7/14/2025 2:35:51 PM SENT Benjamin Grossman [email protected] 7/14/2025 2:35:51 PM SENT Cory Scanlon [email protected] 7/14/2025 2:35:51 PM SENT Cheryl LaFond 24104015 [email protected] 7/14/2025 2:35:51 PM SENT David Johns [email protected] 7/14/2025 2:35:51 PM SENT Jennifer Cook [email protected] 7/14/2025 2:35:51 PM SENT Juliana Bennington [email protected] 7/14/2025 2:35:51 PM SENT Jonathan Hawley [email protected] 7/14/2025 2:35:51 PM SENT Reina A.Almon-Griffin [email protected] 7/14/2025 2:35:51 PM SENT Trisha Marino [email protected] 7/14/2025 2:35:51 PM SENT Perkins Docketing Team [email protected] 7/14/2025 2:35:51 PM SENT Katie Dolan-Galaviz [email protected] 7/14/2025 2:35:51 PM SENT Karen Walker [email protected] 7/14/2025 2:35:51 PM SENT Tiffany Roddenberry [email protected] 7/14/2025 2:35:51 PM SENT Stacey Obenhaus [email protected] 7/14/2025 2:35:51 PM SENT Jason R.LaFond [email protected] 7/14/2025 2:35:51 PM SENT Matthew Gordon [email protected] 7/14/2025 2:35:51 PM SENT Stacey Jett [email protected] 7/14/2025 2:35:51 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.