Texas Court of Appeals, 15th District, 2025

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

Texas Court of Appeals, 15th District · Decided October 2, 2025

Opinion

ACCEPTED 15-24-00114-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/2/2025 11:45 AM NO. 15-24-00114-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth District 15th COURT OF APPEALS AUSTIN, TEXAS 10/2/2025 11:45:23 AM Court of Appeals CHRISTOPHER A. PRINE Clerk

Cecile Erwin Young, in Her Official Capacity as 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 Cause No. D-1-GN-24-003839, In the 455th Judicial District Court of Travis County, Texas / Honorable Laurie Eiserloh, Presiding Judge

APPELLEES’ FIRST UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEFS ON THE MERITS

Appellees Cook Children’s Health Plan, Texas Children’s Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company (collectively, “Appellees”) file this First Unopposed Joint Motion for Extension of Time to File Response Briefs on the Merits. In support, Appellees show the following: 1. On August 8, 2025, this Court issued an order directing Appellants to file their opening briefs on the merits on or before August 28, 2025. This Court also directed Appellees to file their response briefs on the merits on or before 20 days after the date that the latest Appellant’s brief is filed. Id. 2. On August 13, 2025, Appellant Cecile Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission (“the Executive Commissioner”) filed a motion requesting a 30-day extension of time to file her opening brief on the merits until September 29, 2025.

Appellees did not oppose the Executive Commissioner’s motion. Molina and Aetna did not take a position on the Executive Commissioner’s motion but indicated a preference that the briefing schedules be aligned for all Appellants.

3. On August 19, 2025, this Court granted the Executive Commissioner’s motion and extended the deadline for filing the Executive Commissioner’s opening brief on the merits to September 29, 2025.

4. On August 20, 2025, Appellants Molina Healthcare of Texas, Inc. (“Molina”) and Aetna Better Health of Texas Inc. (“Aetna”) filed a motion requesting a 30-day extension of time to file their opening briefs on the merits until September 29, 2025 “to maintain a single deadline for all appellants’ briefs.”

Appellees did not oppose Molina and Aetna’s motion. The Executive Commissioner also did not oppose Molina and Aetna’s motion.

5. On August 20, 2025, this Court granted Molina and Aetna’s motion and extended the deadline for filing their opening briefs on the merits to September 29,

2025.

6. On September 29, 2025, the Executive Commissioner, Molina, and Aetna each filed an opening brief on the merits.

7. Based on this Court’s August 8, 2025 order, Appellees’ response briefs on the merits are currently due on October 20, 2025.

8. Appellees respectfully request that this Court grant a 30-day extension of the deadline to file their response briefs on the merits to November 19, 2025.

9. Appellees respectfully submit that good cause exists for the above extension where counsel for Appellees have been or will be engaged in the following: Counsel for Cook Children’s Health Plan • Preparing for an oral argument in No. 03-24-00201-CV, Meritage Homes of Texas, LLC v. Walther Family Limited Partnership et al., in the Third Court of Appeals on October 3, 2025; and • Preparing a merits brief in No. 05-25-00726-CV, City of Plano, et al. v. Plano Housing Authority, et al., In the Fifth Court of Appeals, due on October 29, 2025.

Counsel for Texas Children’s Health Plan • Preparing extensive post-trial briefing in Cause No. 2021-02657, EnvTech, Inc. v. USA DeBusk, LLC, In the 129th Judicial District Court of Harris County, Texas; and • Preparing for a temporary injunction hearing in Cause No. D-1- GN-25-008233, Performance Sailcraft Pty Limited v. Laser

Class Association, Inc., et al., In the 261st Judicial District Court of Travis County, Texas, set for October 9, 2025.

Counsel for Superior Health Plan, Inc. • Preparing a merits brief in No. 05-25-00768-CV, Miller v. Dunn, et al., In the Fifth Court of Appeals, due on October 8, 2025; • Preparing responses to a motion to disregard jury finding, motion for judgment notwithstanding the verdict, and motion for new trial in Cause No. 2020-32320, Bestway Oilfield, Inc. v. Cox, In the 270th District Court, Harris County, Texas, set for hearing on October 14, 2025; • Preparing a merits brief in Nos. 25-2204 and 25-2312, Cockerill, et al. v. Corteva, Inc., et al., In the United States Court of Appeals for the Third Circuit, due on October 14, 2025; and • Preparing a petition for review in No. 25-0863, Southern Cornerstone, Inc. v. Crown Colony Improvement Association, Inc., In the Supreme Court of Texas, due on October 29, 2025.

Counsel for Wellpoint Insurance Company • Preparing a merits brief in No. 05-24-01447-CV, Kinder Morgan Treating LP v. North Park Advantage Walden MRU, LLC, In the Dallas Court of Appeals, due on October 14, 2025; and • Preparing a petition for review for filing in the Supreme Court of Texas from No. 05-24-00043-CV, Estate of Manley, In the Dallas Court of Appeals, due on October 23, 2025.

10. Good cause further exists where Appellants have filed three separate, lengthy opening briefs on the merits for which it will require significant time for Appellees to properly respond. See Executive Commissioner’s Opening Brief (14,918 words); Molina’s Opening Brief on the Merits (14,189 words); Aetna’s Opening Brief on the Merits (13,142 words). Appellants’ briefs also include new arguments that have not been previously raised below or in this Court.

11. This motion is filed not for the purpose of delay but so that justice may be done.

12. Counsel for Appellees have conferred with counsel for Appellants regarding the relief requested in this motion. Appellants do not oppose the relief requested in this motion.

CONCLUSION For the reasons herein, Appellees Cook Children’s Health Plan, Texas Children’s Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company respectfully request that this Court: (1) grant Appellees’ First Unopposed Joint Motion for Extension of Time to File Response Briefs on the Merits; (2) extend the deadline for Appellees to file their response briefs on the merits to and including November 19, 2025; and (3) grant Appellees any and all other relief to which they are entitled.

Respectfully submitted, NORTON ROSE FULBRIGHT US LLP ALEXANDER DUBOSE & JEFFERSON

By /s/ Warren S. Huang By /s/ Amy Warr Susan Feigin Harris Amy Warr State Bar No. 06876980 State Bar No. 00795708 [email protected] [email protected] Warren S. Huang Anna M. Baker State Bar No. 00796788 State Bar No. 00791362 [email protected] [email protected] 1550 Lamar, Suite 2000 100 Congress Avenue, Suite 1450 Houston, Texas 77010 Austin, Texas 78701-2709 Telephone: (713) 651-5151 Telephone: (512) 482-9300 Paul D. Trahan Karen C. Burgess State Bar No. 24003075 State Bar No. 00796276 [email protected] [email protected] NORTON ROSE FULBRIGHT US LLP Katie Dolan-Galaviz San Jacinto Boulevard, Suite 1100 State Bar No. 24069620 Austin, Texas 78701 [email protected] Telephone: (512) 474-5201 BURGESS LAW PC West 13th Street Thomas A. Coulter Austin, Texas 78701-1825 [email protected] Telephone: (512) 482-8808 State Bar No. 04885500 NORTON ROSE FULBRIGHT US LLP Matthew P. Gordon 9th Street, NW, Suite 1100 [email protected] Washington, D.C. 20001 Admission Pro Hac Vice Telephone: (202) 662-0200 PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Counsel for Appellee Texas Children’s Seattle, Washington 98101-3099 Health Plan Telephone: (206) 359-8000 Counsel for Appellee Plaintiff Cook Children’s Health Plan

FOLEY & LARDNER LLP HOLLAND & KNIGHT LLP

By /s/ Stacy R. Obenhaus By /s/ Richard B. Phillips, Jr. Robert F. Johnson III Richard B. Phillips, Jr. State Bar No. 10786400 State Bar No. 24032833 [email protected] [email protected] Congress Avenue, Suite 3000 One Arts Plaza Austin, Texas. 78701 1722 Routh Street, Suite 1500 Telephone: (512) 542-7000 Dallas, Texas 75201 Telephone: (214) 964-9500 Michelle Y. Ku State Bar No. 24071452 Karen D. Walker [email protected] Admission Pro Hac Vice Stacy R. Obenhaus [email protected] State Bar No. 15161570 Tiffany Roddenberry [email protected] Admission Pro Hac Vice FOLEY & LARDNER LLP [email protected] 2021 McKinney, Suite 1600 HOLLAND & KNIGHT LLP Dallas, Texas 75201 315 South Calhoun Street, Suite 600 Telephone: (214) 999-3000 Tallahassee, Florida 32301 Telephone: (850) 425-5612 Benjamin J. Grossman Of Counsel Counsel for Appellee Superior [email protected] Health Plan, Inc. FOLEY & LARDNER LLP East College Avenue, Suite 900 Tallahassee, Florida 32301 Telephone: (850) 222-6100 Counsel for Appellee Wellpoint Insurance Company

CERTIFICATE OF CONFERENCE Undersigned counsel for Appellee Texas Children’s Health Plan, on behalf of Appellees, conferred with counsel for Appellants regarding the relief requested in this motion. Appellants do not oppose the relief requested in this motion.

/s/ Warren S. Huang Warren S. Huang

CERTIFICATE OF SERVICE Undersigned counsel certifies that a copy of Appellees’ First Unopposed Joint Motion for Extension of Time to File Response Briefs on the Merits was served in compliance with Texas Rule of Appellate Procedure 9.5 via the electronic filing manager or electronic mail on October 2, 2025, upon all counsel of record: Ken Paxton Attorney General of Texas Brent Webster First Assistant Attorney General William R. Peterson Solicitor General William F. Cole Principal Deputy Solicitor General [email protected] Cory A. Scanlon Assistant Solicitor General [email protected] Jeffrey A. Stephens Assistant Solicitor General Mohmed I. Patel Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-25848 Counsel for Appellant Cecile Erwin Young, In Her Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

Joseph R. Knight Cheryl Joseph LaFond [email protected] [email protected] EWELL, BROWN, BLANKE & KNIGHT LLP Jason LaFond Congress Avenue, Suite 2800 [email protected] Austin, Texas 78701 SCOTT, DOUGLASS & MCCONNICO LLP Colorado Street, Suite 2400 Mark J. Kessler Austin, Texas 78701 [email protected] TAFT STETTINIUS & HOLLISTER LLP Counsel for Molina Healthcare of South High Street, Suite 1800 Texas, Inc. Columbus, Ohio 43215-6106 Counsel for Aetna Better Health of Texas, Inc.

/s/ Warren S. Huang Warren S. Huang

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.

Warren Huang on behalf of Warren Huang Bar No. 796788 [email protected] Envelope ID: 106366135 Filing Code Description: Motion Filing Description: Motion Status as of 10/2/2025 12:00 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Michaelle Peters [email protected] 10/2/2025 11:45:23 AM SENT Julie Wright [email protected] 10/2/2025 11:45:23 AM SENT Amanda DoddsPrice [email protected] 10/2/2025 11:45:23 AM SENT Maria Williamson [email protected] 10/2/2025 11:45:23 AM SENT Mandy Patterson [email protected] 10/2/2025 11:45:23 AM SENT Michelle Joyner [email protected] 10/2/2025 11:45:23 AM SENT William FCole [email protected] 10/2/2025 11:45:23 AM SENT Abril Rivera [email protected] 10/2/2025 11:45:23 AM SENT Nancy Villarreal [email protected] 10/2/2025 11:45:23 AM SENT Cory Scanlon [email protected] 10/2/2025 11:45:23 AM SENT David Johns [email protected] 10/2/2025 11:45:23 AM SENT Jessie Johnson [email protected] 10/2/2025 11:45:23 AM SENT Stacey Jett [email protected] 10/2/2025 11:45:23 AM SENT Victor Hernandez [email protected] 10/2/2025 11:45:23 AM SENT

Associated Case Party: Cook Children's Health Plan Name BarNumber Email TimestampSubmitted Status Karen Burgess 796276 [email protected] 10/2/2025 11:45:23 AM SENT Anna Baker 791362 [email protected] 10/2/2025 11:45:23 AM SENT Amy Warr 795708 [email protected] 10/2/2025 11:45:23 AM SENT Juliana Bennington [email protected] 10/2/2025 11:45:23 AM SENT Jonathan Hawley [email protected] 10/2/2025 11:45:23 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Associated Case Party: Texas Children's Health Plan Name BarNumber Email TimestampSubmitted Status Mark Emery 24050564 [email protected] 10/2/2025 11:45:23 AM SENT Warren Huang 796788 [email protected] 10/2/2025 11:45:23 AM SENT Paul Trahan 24003075 [email protected] 10/2/2025 11:45:23 AM SENT Susan Harris 6876980 [email protected] 10/2/2025 11:45:23 AM SENT Thomas Coulter 4885500 [email protected] 10/2/2025 11:45:23 AM SENT Kayla Ahmed [email protected] 10/2/2025 11:45:23 AM SENT

Associated Case Party: Wellpoint Insurance Company Name BarNumber Email TimestampSubmitted Status Robert Johnson 10786400 [email protected] 10/2/2025 11:45:23 AM SENT Michelle Ku 24071452 [email protected] 10/2/2025 11:45:23 AM SENT Kristin Hernandez [email protected] 10/2/2025 11:45:23 AM SENT Stacey Obenhaus [email protected] 10/2/2025 11:45:23 AM SENT Benjamin Grossman [email protected] 10/2/2025 11:45:23 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Warren Huang on behalf of Warren Huang Bar No. 796788 [email protected] Envelope ID: 106366135 Filing Code Description: Motion Filing Description: Motion Status as of 10/2/2025 12:00 PM CST Associated Case Party: Superior Healthplan Inc. Name BarNumber Email TimestampSubmitted Status Richard Phillips 24032833 [email protected] 10/2/2025 11:45:23 AM SENT J McCaig 24070083 [email protected] 10/2/2025 11:45:23 AM SENT Karen Walker [email protected] 10/2/2025 11:45:23 AM SENT Tiffany Roddenberry [email protected] 10/2/2025 11:45:23 AM SENT

Associated Case Party: Texas Health and Human Services Name BarNumber Email TimestampSubmitted Status Victoria Gomez [email protected] 10/2/2025 11:45:23 AM SENT Jennifer Cook [email protected] 10/2/2025 11:45:23 AM SENT

Associated Case Party: Molina Healthcare of Texas, Inc. Name BarNumber Email TimestampSubmitted Status Cheryl LaFond 24104015 [email protected] 10/2/2025 11:45:23 AM SENT Jason R.LaFond [email protected] 10/2/2025 11:45:23 AM SENT

Associated Case Party: Aetna Better Health of Texas, Inc. Name BarNumber Email TimestampSubmitted Status Joseph Knight 11601275 [email protected] 10/2/2025 11:45:23 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.

Warren Huang on behalf of Warren Huang Bar No. 796788 [email protected] Envelope ID: 106366135 Filing Code Description: Motion Filing Description: Motion Status as of 10/2/2025 12:00 PM CST Associated Case Party: Cecile Erwin Young, Texas Health and Human Services Name BarNumber Email TimestampSubmitted Status Cory Scanlon 24104599 [email protected] 10/2/2025 11:45:23 AM SENT Jeffrey Stephens [email protected] 10/2/2025 11:45:23 AM SENT Mohmed Patel [email protected] 10/2/2025 11:45:23 AM SENT

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