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 8/13/2025 8:10 AM No. 15-24-00114-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals 15th COURT FILED IN OF APPEALS for the Fifteenth Judicial District8/13/2025 8:10:17 AM AUSTIN, TEXAS
CHRISTOPHER A. PRINE Clerk 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. Appellants, v. Cook Children’s Health Plan, Texas Children’s Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company, Appellees.
On Appeal from the 353rd Judicial District Court, Travis County UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT CECILE ERWIN YOUNG’S APPELLANT’S BRIEF To the Honorable Fifteenth Court of Appeals: In accordance with Texas Rule of Appellate Procedure 10.5(b), Appellant Cecile Erwin Young, in her official capacity as the Executive Commissioner of the Texas Health and Human Services Commission, files this motion for an extension of time to file her Appellant’s Brief. This is the first request for an extension of time for this filing, and it is unopposed.
I.
The current due date for the Commissioner to file her brief is August 28, 2025.
The Commissioner requests a 30-day extension of the time to file the brief, which would extend the due date to September 29.
II.
The requested 30-day extension of time is necessary due to multiple engagements by Appellant’s counsel that have required or will require significant attention, including: • oral argument in Ballentine v. Broxton, No. 24-50876, which occurred on August 6, 2025, in the United States Court of Appeals for the Fifth Circuit; • a petition for writs of quo warranto in In re State, No. 25-0687, filed in the Texas Supreme Court on August 8, 2025; • a reply in support of a petition for writ of mandamus in In re Ken Paxton, No. 25- 0641, filed in the Texas Supreme Court on August 8, 2025; • a brief on the merits in In re State, No. 25-0687, due to be filed in the Texas Supreme Court on August 20, 2025; • a response to Rule 29.3 motions in this case, due to be filed in this Court on August 25, 2025; • an opening brief on the merits in State of Texas v. FERC, No. 24-1758, due to be filed in the United States Court of Appeals for the Fourth Circuit on August 29, 2025; • a reply brief on the merits in In re State, No. 25-0687, due to be filed in the Texas Supreme Court on September 4, 2025; • a reply brief on the merits in Paxton v. Garza, No. 15-25-00116-cv, due to be filed in this Court on September 8, 2025; • oral argument in Sky Marketing Corp. v. Tex. Dep’t of State Health Servs., No. 23-0887, set for September 10, in the Texas Supreme Court; and • a multi-state amicus brief in Galette v. N.J. Transit Corp., No. 24-1021, due September 10, in the Supreme Court of the United States.
In addition to briefing and argument obligations, counsel has numerous prelitigation, oversight, and managerial responsibilities and continues to be staffed on other public and non-public litigation and advisory matters throughout the Office of the Attorney General.
The extension is sought in the interest of justice, not for delay, and no party will be prejudiced if this unopposed request for an extension of time is granted, including because no party is seeking emergency review. An extension of time will allow counsel for the Commissioner adequate time to review the voluminous record and prepare a thorough brief that will be helpful to the Court.
Prayer For these reasons, the Commissioner respectfully requests that the Court grant her unopposed motion for a 30-day extension of time to file her Appellant’s Brief, resulting in a new deadline of September 29, 2025.
Respectfully submitted.
Ken Paxton William R. Peterson Attorney General of Texas Solicitor General Brent Webster William F. Cole First Assistant Attorney General Principal Deputy Solicitor General Office of the Attorney General /s/ Cory A. Scanlon P.O. Box 12548 (MC 059) Cory A. Scanlon Austin, Texas 78711-2548 Assistant Solicitor General Tel.: (512) 936-1700 State Bar No. 24104599 Fax: (512) 474-2697 [email protected] Jeffrey A. Stephens Assistant Solicitor General Brendan A. Fugere Assistant Attorney General Counsel for Appellant Cecile Erwin Young
Certificate of Conference I certify that on August 12, 2025, I conferred with counsel for all Appellees, who informed me that they do not oppose the extension sought through this motion.
Counsel for Appellants Molina Healthcare of Texas, Inc. and Aetna Better Health of Texas, Inc., stated that they take no position on this motion but have indicated a preference that the briefing schedules be aligned for all appellants.
/s/ Cory A. Scanlon Cory A. Scanlon
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.
Nancy Villarreal on behalf of Cory Scanlon Bar No. 24104599 [email protected] Envelope ID: 104302705 Filing Code Description: Motion Filing Description: 20250813 MET Appellants Brief_Final Status as of 8/13/2025 8:24 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Michaelle Peters [email protected] 8/13/2025 8:10:17 AM SENT Julie Wright [email protected] 8/13/2025 8:10:17 AM SENT Amanda DoddsPrice [email protected] 8/13/2025 8:10:17 AM SENT Mandy Patterson [email protected] 8/13/2025 8:10:17 AM SENT Michelle Joyner [email protected] 8/13/2025 8:10:17 AM SENT William FCole [email protected] 8/13/2025 8:10:17 AM SENT Abril Rivera [email protected] 8/13/2025 8:10:17 AM SENT Nancy Villarreal [email protected] 8/13/2025 8:10:17 AM SENT Jessie Johnson [email protected] 8/13/2025 8:10:17 AM SENT David Johns [email protected] 8/13/2025 8:10:17 AM SENT Stacey Jett [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Cook Children's Health Plan Name BarNumber Email TimestampSubmitted Status Karen Burgess 796276 [email protected] 8/13/2025 8:10:17 AM SENT Anna Baker 791362 [email protected] 8/13/2025 8:10:17 AM SENT Amy Warr 795708 [email protected] 8/13/2025 8:10:17 AM SENT Juliana Bennington [email protected] 8/13/2025 8:10:17 AM SENT Jonathan Hawley [email protected] 8/13/2025 8:10:17 AM ERROR Reina A.Almon-Griffin [email protected] 8/13/2025 8:10:17 AM SENT Trisha Marino [email protected] 8/13/2025 8:10:17 AM SENT Katie Dolan-Galaviz [email protected] 8/13/2025 8:10:17 AM 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.
Nancy Villarreal on behalf of Cory Scanlon Bar No. 24104599 [email protected] Envelope ID: 104302705 Filing Code Description: Motion Filing Description: 20250813 MET Appellants Brief_Final Status as of 8/13/2025 8:24 AM CST Associated Case Party: Cook Children's Health Plan Katie Dolan-Galaviz [email protected] 8/13/2025 8:10:17 AM SENT Perkins Docketing Team [email protected] 8/13/2025 8:10:17 AM SENT Matthew Gordon [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Texas Children's Health Plan Name BarNumber Email TimestampSubmitted Status Mark Emery 24050564 [email protected] 8/13/2025 8:10:17 AM SENT Warren Huang 796788 [email protected] 8/13/2025 8:10:17 AM SENT Paul Trahan 24003075 [email protected] 8/13/2025 8:10:17 AM SENT Susan Harris 6876980 [email protected] 8/13/2025 8:10:17 AM SENT Kayla Ahmed [email protected] 8/13/2025 8:10:17 AM SENT Thomas Coulter 4885500 [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Wellpoint Insurance Company Name BarNumber Email TimestampSubmitted Status Robert Johnson 10786400 [email protected] 8/13/2025 8:10:17 AM SENT Michelle Ku 24071452 [email protected] 8/13/2025 8:10:17 AM SENT Benjamin Grossman [email protected] 8/13/2025 8:10:17 AM SENT Kristin Hernandez [email protected] 8/13/2025 8:10:17 AM SENT Stacey Obenhaus [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Superior Healthplan Inc. 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.
Nancy Villarreal on behalf of Cory Scanlon Bar No. 24104599 [email protected] Envelope ID: 104302705 Filing Code Description: Motion Filing Description: 20250813 MET Appellants Brief_Final Status as of 8/13/2025 8:24 AM CST Associated Case Party: Superior Healthplan Inc. Name BarNumber Email TimestampSubmitted Status Richard Phillips 24032833 [email protected] 8/13/2025 8:10:17 AM SENT J McCaig 24070083 [email protected] 8/13/2025 8:10:17 AM SENT Karen Walker [email protected] 8/13/2025 8:10:17 AM SENT Tiffany Roddenberry [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Texas Health and Human Services Name BarNumber Email TimestampSubmitted Status Victoria Gomez [email protected] 8/13/2025 8:10:17 AM SENT Jennifer Cook [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Molina Healthcare of Texas, Inc. Name BarNumber Email TimestampSubmitted Status Cheryl LaFond 24104015 [email protected] 8/13/2025 8:10:17 AM SENT Jason R.LaFond [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Aetna Better Health of Texas, Inc. Name BarNumber Email TimestampSubmitted Status Joseph Knight 11601275 [email protected] 8/13/2025 8:10:17 AM SENT
Associated Case Party: Cecile Erwin Young, Texas Health and Human Services 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.
Nancy Villarreal on behalf of Cory Scanlon Bar No. 24104599 [email protected] Envelope ID: 104302705 Filing Code Description: Motion Filing Description: 20250813 MET Appellants Brief_Final Status as of 8/13/2025 8:24 AM CST Associated Case Party: Cecile Erwin Young, Texas Health and Human Services Name BarNumber Email TimestampSubmitted Status Cory Scanlon 24104599 [email protected] 8/13/2025 8:10:17 AM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.