the University of Texas M.D. Anderson Cancer Center v. Karen Jones

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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 I l