ACCEPTED
2014-05905
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/24/2015 1:39:41 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 2014-05905
KAREN JONES, § IN THE DISTRICT COURT OF
FILED IN
Plaintiff, § 14th COURT OF APPEALS
§ HOUSTON, TEXAS
V. § 334TH JUDICIAL
3/24/2015DISTRICT
1:39:41 PM
§ CHRISTOPHER A. PRINE
THE UNIVERSITY OF TEXAS M.D. § Clerk
ANDERSON CANCER CENTER §
Defendant. § HARRIS COUNTY, TEXAS
DEFENDANT UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER’S
NOTICE OF INTERLOCUTORY APPEAL & AUTOMATIC STAY
NOW COMES Defendant THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER
CENTER (UTMDA) in the above styled and numbered cause and pursuant to TEX. R. APP. P.
25.1(a) gives notice that it desires to take an interlocutory appeal to the Court of Appeals for the
First or Fourteenth District of Texas at Houston, Texas pursuant to Texas Civil Practice and
Remedies Code §51.014(a)(8) from the 334th Judicial District Court's Order Denying Defendant's
Plea to the Jurisdiction on March 20, 2015. A copy of the order appealed from is attached hereto
as Exhibit “1” and incorporated herein by reference. No briefs have been filed in response to this
interlocutory appeal and it is timely filed. This interlocutory appeal is accelerated pursuant to TEX.
R. APP. P. 28.1. A copy of this Notice of Interlocutory Appeal is filed pursuant to TEX. R. APP.
P. 25.1(d)(6) and it is given to all parties in the above-entitled and numbered cause in accordance
with the TEX. R. APP. P. 25.1(e).
Additionally, pursuant to Texas Civil Practice and Remedies Code §51.014(b) all
proceedings in the trial court pending resolution of this appeal are stayed, including trial set for
April 6, 2015. Also pursuant to TEX. R. APP. P. 29.5, any further proceedings in the trial court
which interferes or impairs the jurisdiction of the appellate court or effectiveness of any relief
sought or that may be granted on appeal is stayed.
Jones v. UTMDA/Pleadings/Def. UTMDA’s Notice of Interlocutory Appeal & Automatic Stay Page 1
Security for costs on appeal is not required by law because Defendant UTMDA is a
governmental unit of the State of Texas and is therefore exempt from the requirement of filing a
cost bond. A copy of this Notice of Appeal is being filed with clerk of the First and Fourteenth
Courts of Appeals.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
KARA KENNEDY
Chief, Tort Litigation Division
/s/ Jason Warner
JASON WARNER
Assistant Attorney General
State Bar No. 24028112
Tort Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
512.463.2197
FAX 512.457.4430
jason.warner@texasattorneygeneral.gov
Counsel for Defendant University of Texas M.D.
Anderson Cancer Center
Jones v. UTMDA/Pleadings/Def. UTMDA’s Notice of Interlocutory Appeal & Automatic Stay Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of March, 2015, a true and correct copy of the
foregoing document was served via the Court’s ECF System to all counsel of record:
Mr. Jeff Benton
THE BENTON LAW FIRM
4848 Lemmon Avenue, Suite 515
Dallas, TX 75219
E-mail: jeff@thebentonlawfirm.com
Attorney for Plaintiff
/s/ Jason Warner
JASON WARNER
Assistant Attorney General
Jones v. UTMDA/Pleadings/Def. UTMDA’s Notice of Interlocutory Appeal & Automatic Stay Page 3
334TH DISTRICT COURT PAGE 02
2015 15:45 7137554744
CAUSE NO. 2014-05905
KAREN JONES, § IN THE DISTRICT COURT OF
Plaint(!]: §
§
v. § 334TH JUDICIAL DISTRICT
§
THE UNIVERSITY OF TEXAS M.D. §
ANDERSON CANCER CENTER and §
PAUL CINCJRIPINI, §
Defi:mdants. § HARRIS COUNTY, TEXAS
ORDER ON DEFENDANT THE UNIVERSITY OF TEXAS M.D. ANDERSON
CANCER CENTER'S PLEA TO T:W: JURJ;SDICTION
O n - - - - - - - - - - ' 2015, the Court heard Defendant THE UNIVERISTY OF
TEXAS M.D. ANDERSON CANCER CENTER's Plea to the Jurisdiction in this cause. The
Court, after examining the pleadings and evidence before it, and hearing the argument of counsel,
finds that Defendant's Motion should be anSi>hereby DENIED. ~~ 1 '2.. C..r f. W •3..-A 1~'1.
SIGNED on -=-M~~-=------'?A::::..._,__.____, 2015.
TDORFMAN
FILED
Chris Oanlel
District Clerk
MAR 20 2015
S,------~s.=p~ut~~------
EXHIBIT
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