In re Fort Bend County v. the State of Texas

ACCEPTED 15-25-00102-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/22/2025 1:37 PM NO. 15-25-00102-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 7/22/2025 1:37:03 PM CHRISTOPHER A. PRINE Clerk In re FORT BEND COUNTY, Relator,

Relating to Mandamus Against the 11th Judicial District Court, Harris County, Texas Cause No. 2024-78536 The Honorable Judge Kristen Brauchle Hawkins, Presiding

ADMINISTRATIVE LAW JUDGE FRANCISCA OKONKWO’s RESPONSE TO FORT BEND COUNTY’S AMENDED PETITION FOR WRIT OF MANDAMUS

July 23, 2025 i KEN PAXTON JAMES Z. BRAZELL Attorney General of Texas State Bar No. 02930100 Assistant Attorney General BRENT WEBSTER SHERLYN HARPER First Assistant Attorney General State Bar No. 24093176 Assistant Attorney General RALPH MOLINA Administrative Law Division Deputy First Assistant Attorney OFFICE OF THE ATTORNEY GENERAL General OF TEXAS P.O. Box 12548, Capitol Station AUSTIN KINGHORN Austin, Texas 78711-2548 Deputy Attorney General for Civil Telephone: (512) 475-3204 Litigation Telephone: (713) 225-8913 Facsimile:(512) 320-0167 ERNEST C. GARCIA [email protected] Chief, Administrative Law Division [email protected] ATTORNEYS FOR REAL PARTY IN INTEREST FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE - DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL CAPACITY ii TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: COMES NOW Francisca Okonkwo, Administrative Law Judge (“ALJ”) of the Texas Department of Insurance-Division of Workers’ Compensation (“DWC”), in her official capacity, by and through the Office of the Attorney General of Texas and the undersigned Assistant Attorneys General, and files this her Response to Fort Bend County’s Amended Petition for Writ of Mandamus (“Mandamus Petition”).

This Response, filed by the July 23, 2025, extended deadline, is timely.

I. RESPONSE ALJ Okonkwo submits the following Response: The 15th Court of Appeals identifies ALJ Okonkwo as a Real Party in Interest in this mandamus proceeding, and although Okonkwo has not sought party status in this action, her claims and arguments are aligned with those of Relator, Ft. Bend County. ALJ Okonkwo is also a party Appellant whose claims and arguments are set forth in the accelerated/interlocutory appeal pending in this Court, No. 15-25-00061-CV, which addresses, among other issues, the same issues as this mandamus matter.

II. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Real Party in Interest, Francisca Okonkwo, Administrative Law Judge of the Texas Department of Insurance - Division of Workers’ Compensation, in her official capacity, prays that the Court

REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 1 of 6 Case No. 15-25-00102-CV; In re Fort Bend County accept and consider this timely Response to Fort Bend County’s Amended Petition for Writ of Mandamus and to grant such other and further relief to which ALJ Okonkwo may be justly entitled.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division

REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 2 of 6 Case No. 15-25-00102-CV; In re Fort Bend County /s/ James Z. Brazell JAMES Z. BRAZELL State Bar No. 02930100 Assistant Attorney General SHERLYN HARPER State Bar No. 24093176 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3204 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 [email protected] [email protected] ATTORNEYS FOR REAL PARTY IN INTEREST, FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE - DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL CAPACITY

REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 3 of 6 Case No. 15-25-00102-CV; In re Fort Bend County CERTIFICATE OF COMPLIANCE I certify that the submitted brief complies with Texas Rule of Appellate Procedure 9.4(i)(3) and the word count of this document is 233 including the portions that would not otherwise be exempted by Texas Rule of Appellate Procedure 9.4(i)(1). The word processing software used to prepare this filing and calculate the word count of the document is Microsoft Word for Office 365.

/s/ James Z. Brazell JAMES Z. BRAZELL Assistant Attorney General

REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 4 of 6 Case No. 15-25-00102-CV; In re Fort Bend County CERTIFICATE OF SERVICE I hereby certify that on July 22, 2025, a true and correct copy of the foregoing document has been served via e-service and/or email on the following: DEAN G. PAPPAS RUSSELL L. MORRIS State Bar No. 15454375 State Bar No. 24099150 MARY M. MARKANTONIS ANDREW W. BRUCE State Bar No. 12986800 State Bar No. 24113627 LISA M. TEACHEY PABLO A. FRANCO State Bar No. 24056416 State Bar No. 24121625 MARILYN J. ALLEN MCBRYDE FRANCO, PLLC State Bar No. 24025225 11000 Richmond Avenue, DEAN G. PAPPAS LAW FIRM, PLLC Suite 350 8588 Katy Freeway, Suite 100 Houston, Texas 77042 Houston, Texas 77024 Telephone: (713) 223-7699 Telephone: (713) 914-6200 Facsimile: (512) 691-9072 Facsimile: (713) 914-6201 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] ATTORNEYS FOR REAL PARTY IN INTEREST JOSHUA DAVID ATTORNEYS FOR RELATOR, FORT BEND HEILIGER, INDIVIDUALLY AND ON COUNTY BEHALF OF THE ESTATE OF LAUREN BRITTANE SMITH, DECEASED, AND ON BEHALF OF LAVERNE CHANG DEATH BENEFITS BENEFICIARIES State Bar No. 00783819 JOSHUA DAVID HEILIGER AND CARDWELL & CHANG, PLLC EMMA DESTINY HEILIGER Lovett Blvd. Houston, Texas 77006 THE HONORABLE KRISTEN Telephone: (713) 222-6025 B. HAWKINS [email protected] 11th Judicial District Court Harris County, Texas ATTORNEYS FOR REAL PARTY IN Harris County Civil Courthouse INTEREST GREATER HOUSTON 201 Caroline, 9th Floor PSYCHIATRIC ASSOCIATES, PLLC Houston, Texas 77002 Telephone: 832-927-2600 RESPONDENT REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 5 of 6 Case No. 15-25-00102-CV; In re Fort Bend County /s/ James Z. Brazell JAMES Z. BRAZELL Assistant Attorney General

REAL PARTY IN INTEREST OKONKWO’S RESPONSE Page 6 of 6 Case No. 15-25-00102-CV; In re Fort Bend County 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.

Catherine Hughes on behalf of James Brazell Bar No. 2930100 [email protected] Envelope ID: 103437297 Filing Code Description: Response Filing Description: 2025 0722 Appellant Okonkwos Response to Ft Bend Mandamus SHORT FORM Status as of 7/22/2025 1:51 PM CST Associated Case Party: Fort Bend County Name BarNumber Email TimestampSubmitted Status Mary Markantonis [email protected] 7/22/2025 1:37:03 PM SENT Dean Pappas [email protected] 7/22/2025 1:37:03 PM SENT Hope Burnett-Furlow [email protected] 7/22/2025 1:37:03 PM SENT Lisa M.Teachey [email protected] 7/22/2025 1:37:03 PM SENT Tanisha Doublin [email protected] 7/22/2025 1:37:03 PM SENT Jacquelyn Compton [email protected] 7/22/2025 1:37:03 PM SENT Marilyn Allen 24025225 [email protected] 7/22/2025 1:37:03 PM SENT

Associated Case Party: Greater Houston Psychiatric Associates PLLC Name BarNumber Email TimestampSubmitted Status Laverne Chang 783819 [email protected] 7/22/2025 1:37:03 PM SENT

Associated Case Party: FrancescaOkonkwo, ALJ TDI-DWC Name BarNumber Email TimestampSubmitted Status James Brazell 2930100 [email protected] 7/22/2025 1:37:03 PM SENT Sherlyn Harper 24093176 [email protected] 7/22/2025 1:37:03 PM SENT Catherine Hughes [email protected] 7/22/2025 1:37:03 PM SENT Meridith Fischer [email protected] 7/22/2025 1:37:03 PM SENT

Associated Case Party: JoshuaDavidHeiliger, et al.

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.

Catherine Hughes on behalf of James Brazell Bar No. 2930100 [email protected] Envelope ID: 103437297 Filing Code Description: Response Filing Description: 2025 0722 Appellant Okonkwos Response to Ft Bend Mandamus SHORT FORM Status as of 7/22/2025 1:51 PM CST Associated Case Party: JoshuaDavidHeiliger, et al.

Name BarNumber Email TimestampSubmitted Status Pablo Franco 24121625 [email protected] 7/22/2025 1:37:03 PM SENT Joshua DavidHeiliger, et al. [email protected] 7/22/2025 1:37:03 PM SENT Andrew Bruce 24113627 [email protected] 7/22/2025 1:37:03 PM SENT Russell Morris 24099150 [email protected] 7/22/2025 1:37:03 PM SENT

Associated Case Party: Judge Kristen B. Hawkins Name BarNumber Email TimestampSubmitted Status Jackie Struss [email protected] 7/22/2025 1:37:03 PM SENT