ACCEPTED
03-15-00252-CV
8220167
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/14/2015 11:55:59 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00252-CV
In the Court of Appeals for the Third Judicial DistrictFILED
of Texas
IN
3rd COURT OF APPEALS
DR. BEHZAD NAZARI, D.D.S. D/B/A ANTOINE DENTAL
AUSTIN, TEXAS
12/14/2015 11:55:59 AM
CENTER ET. AL., Defendants–Appellants,
v. JEFFREY D. KYLE
Clerk
STATE OF TEXAS, Plaintiff–Appellee,
v.
XEROX CORPORATION AND XEROX STATE HEALTHCARE, LLC, F/K/A ACS
STATE HEALTHCARE, LLC, Third-Party Defendants–Appellees.
On Appeal from the 53rd Judicial District Court,
Travis County, Texas, No. D-1-GB-13-005380
UNOPPOSED CONDITIONAL MOTION TO FILE
SUPPLEMENTAL BRIEF
CHARLES E. ROY SCOTT A. KELLER
First Assistant Attorney General Solicitor General
RAYMOND C. WINTER J. CAMPBELL BARKER
Chief, Civil Medicaid Fraud Deputy Solicitor General
State Bar No. 24049125
REYNOLDS B. BRISSENDEN
cam.barker@texasattorneygeneral.gov
Assistant Attorney General
Philip A. Lionberger
Office of the Attorney General Assistant Solicitor General
P.O. Box 12548 (MC 059)
State Bar No. 12394380
Austin, Texas 78711-2548
Tel.: (512) 936-1700
Fax: (512) 474-2697 AUTUMN HAMIT PATTERSON
Assistant Attorney General
State Bar No. 24092947
Counsel for the State of Texas
Unopposed Conditional Motion to File Supplemental Brief
Appellee the State of Texas respectfully moves to file the attached prear-
gument supplemental brief—in the event the Court elects to file Xerox’s sup-
plemental brief. This motion is unopposed and rests on the following bases:
1. This is an appeal in a civil case. Oral argument is set for December 16,
2015.
2. On December 8, 2015, appellees Xerox Corporation and Xerox State
Healthcare, LLC (“Xerox”) filed an unopposed motion for leave to file a sup-
plemental brief. Xerox tendered with its motion its supplemental brief.
3. This Court has not yet granted that motion, but it has called for paper
copies of Xerox’s supplemental brief.
4. Xerox represented to the State that its supplemental brief would con-
cern jurisdiction and be “limited to the issue the State raised in its brief.”
5. The State expressed that it would not oppose the filing of that brief,
on the condition that both Xerox and appellants did not oppose the State’s
filing of a responsive supplemental brief.
6. That consent was given, as relayed to the State by Xerox’s counsel.
Accordingly, this motion is unopposed.
7. To the extent this Court finds that justice requires allowing Xerox to
file its supplemental brief, see Tex. R. App. P. 38.7, justice would for the same
reasons require allowing the State to file its responsive supplemental brief.
The State takes no position on whether justice requires allowing Xerox to file
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its supplemental brief. The State submits only that any sufficient cause for fil-
ing that brief extends to a response to that brief.
Conclusion
For the reasons described above, the State of Texas respectfully moves for
leave to file its responsive supplemental brief, in the event Xerox is granted
leave to file its supplemental brief tendered December 8, 2015. The State’s
responsive supplemental brief is tendered simultaneously with this motion.
Respectfully submitted.
CHARLES E. ROY SCOTT A. KELLER
First Assistant Attorney General Solicitor General
RAYMOND C. WINTER /s/ J. Campbell Barker
Chief, Civil Medicaid Fraud J. CAMPBELL BARKER
Deputy Solicitor General
REYNOLDS B. BRISSENDEN State Bar No. 24049125
Assistant Attorney General cam.barker@texasattorneygeneral.gov
Philip A. Lionberger
Assistant Solicitor General
State Bar No. 12394380
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1700
Fax: (512) 474-2697
Counsel for the State of Texas
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Certificate of Conference
No party opposes the relief requested herein.
/s/ J. Campbell Barker
J. CAMPBELL BARKER
Certificate of Service
I certify the service of this document on December 14, 2015 by electronic
case filing or e-mail upon the following:
Counsel for Defendants–Appellants:
Jason Ray E. Hart Green
Riggs & Ray, P.C. Mitchell A. Toups
506 W. 14th Street, Suite A Weller, Green, Toups & Terrell, L.L.P.
Austin, Texas 78701 P.O. Box 350
Beaumont, Texas 77704-0350
Counsel for Third-Party Defendants–Appellees:
Constance H. Pfeiffer Robert C. Walters
Beck Redden LLP Gibson, Dunn & Crutcher LLP
1221 McKinney St., Suite 4500 2100 McKinney Ave., Suite 1100
Houston, Texas 77010 Dallas, Texas 75201
Eric J.R. Nichols
Christopher R. Cowan
Beck Redden LLP
515 Congress Ave., Suite 1750
Austin, Texas 78701
/s/ J. Campbell Barker
J. CAMPBELL BARKER
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