Texas Court of Appeals, 15th District, 2025

In re AstraZeneca Pharmaceuticals LP v. the State of Texas

Texas Court of Appeals, 15th District · Decided August 18, 2025

Opinion

ACCEPTED 15-25-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/18/2025 3:30 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 8/18/2025 3:30:28 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

MOTION FOR LEAVE TO FILE SUR-REPLY IN FURTHER RESPONSE TO PETITION FOR WRIT OF MANDAMUS

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 Real-Parties-in-Interest (“Plaintiffs”) respectfully request leave to file a short surreply in further response to Relator AstraZeneca Pharmaceuticals, LP’s (“Astra”) petition for writ of mandamus. The proposed surreply is attached hereto as Exhibit A.

In support of their motion, Plaintiffs state as follows: • Prior to filing their response to Astra’s mandamus petition, Plaintiffs amended their pleadings to add voluminous facts supporting venue in Harrison County.

• In their response to Astra’s mandamus petition, Plaintiffs explained that (i) under Rule 65 of the Texas Rules of Civil Procedure, the filing of the amended petition moots Astra’s mandamus petition; (ii) Astra’s 20- month delay in seeking mandamus triggers laches; and (iii) Astra’s petition fails because the record before the Court is different from that at issue in In re Sanofi-Aventis U.S. LLC, 711 S.W.3d 732 (Tex. App.— 15th Dist. 2025, orig. proceeding), including because Astra waived certain arguments.

• In its reply in support of its mandamus petition, Astra (i) argues that this Court may not look to the operative pleading to resolve Astra’s mandamus challenge; (ii) laches does not apply; and (iii) Sanofi is “on all fours” with this case and waiver does not apply.

Plaintiffs did not have an adequate opportunity to respond to Astra’s reply arguments and thus this Court does not have the benefit of Plaintiffs’ views on these questions. Plaintiffs respectfully seek leave to file the attached, eight-page surreply.

Plaintiffs sought Astra’s consent to this motion for leave. Astra advised that it takes no position on the matter.

Dated: August 18, 2025 Respectfully submitted, /s/ Sam Baxter /s/ Mark Lanier Samuel F. Baxter (co-lead Mark Lanier (co-lead counsel) counsel) Zeke DeRose [email protected] Jonathan Wilkerson Jennifer L. Truelove THE LANIER FIRM [email protected] 10940 W. Sam Houston Pkwy N MCKOOL SMITH P.C. Houston, TX 77064 East Houston, Suite 300 (800) 723-3216 Marshall, Texas 75670 Fax: (713) 659-2204 (903) 923-9000 Fax: (903) 923-9099

ATTORNEYS FOR PLAINTIFF/REAL-PARTY-IN- INTEREST HEALTH SELECTION GROUP, LLC

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on August 18, 2025 to counsel of record.

/s/ Samuel F. Baxter Samuel F. Baxter

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: 104513977 Filing Code Description: Motion Filing Description: MOTION FOR LEAVE TO FILE SUR-REPLY IN FURTHER RESPONSE TO PETITION FOR WRIT OF MANDAMUS Status as of 8/18/2025 3:36 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kennon L.Wooten [email protected] 8/18/2025 3:30:28 PM SENT Angela Goldberg [email protected] 8/18/2025 3:30:28 PM SENT Jonathan Wilkerson 24050162 [email protected] 8/18/2025 3:30:28 PM SENT Melissa Smith 24001351 [email protected] 8/18/2025 3:30:28 PM SENT William Peterson 24065901 [email protected] 8/18/2025 3:30:28 PM SENT Samuel Baxter 1938000 [email protected] 8/18/2025 3:30:28 PM SENT Brian McBride 24002554 [email protected] 8/18/2025 3:30:28 PM SENT Zeke DeRose 24057421 [email protected] 8/18/2025 3:30:28 PM SENT Jennifer Truelove 24012906 [email protected] 8/18/2025 3:30:28 PM SENT Alex Brown 24026964 [email protected] 8/18/2025 3:30:28 PM SENT Lynne Kurtz-Citrin 24081425 [email protected] 8/18/2025 3:30:28 PM SENT Jonathan Bonilla 24073939 [email protected] 8/18/2025 3:30:28 PM SENT W. Mark Lanier 11934600 [email protected] 8/18/2025 3:30:28 PM SENT Heidi Rasmussen 24090345 [email protected] 8/18/2025 3:30:28 PM SENT Nadia Burns 24041176 [email protected] 8/18/2025 3:30:28 PM SENT Ruth Adams [email protected] 8/18/2025 3:30:28 PM SENT Paige Cheung 24116193 [email protected] 8/18/2025 3:30:28 PM SENT Steve McConnico [email protected] 8/18/2025 3:30:28 PM SENT Jordan Kadjar [email protected] 8/18/2025 3:30:28 PM SENT John Dodds [email protected] 8/18/2025 3:30:28 PM SENT Erica Jaffe [email protected] 8/18/2025 3:30:28 PM SENT W. Mark Lanier [email protected] 8/18/2025 3:30:28 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.