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    AG Ken Paxton's Appeal Notice

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    CBS Austin Webteam
    - Defendants Greg Abbott, Jaime Masters, and the Texas Department of Family and Protective Services filed a Notice of Accelerated Interlocutory Appeal regarding a March 2, 2022 order from the 201st Judicial District Court of Travis County, Texas. - The order implicitly denied Defendants' plea to the jurisdiction and granted Plaintiffs' request for a temporary restraining order, enjoining Defendants from taking actions against Plaintiffs based on the Governor's February 22, 2022 letter regarding gender-affirming care for transgender minors. - Defendants are entitled to an interlocutory appeal of the order denying their plea to the jurisdiction under Texas Civil Practice and Remedies Code section 51.014(a)(8). The

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    AG Ken Paxton's Appeal Notice

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    CBS Austin Webteam
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    - Defendants Greg Abbott, Jaime Masters, and the Texas Department of Family and Protective Services filed a Notice of Accelerated Interlocutory Appeal regarding a March 2, 2022 order from the 201st Judicial District Court of Travis County, Texas. - The order implicitly denied Defendants' plea to the jurisdiction and granted Plaintiffs' request for a temporary restraining order, enjoining Defendants from taking actions against Plaintiffs based on the Governor's February 22, 2022 letter regarding gender-affirming care for transgender minors. - Defendants are entitled to an interlocutory appeal of the order denying their plea to the jurisdiction under Texas Civil Practice and Remedies Code section 51.014(a)(8). The

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    AG Ken Paxton's Appeal Notice

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    - Defendants Greg Abbott, Jaime Masters, and the Texas Department of Family and Protective Services filed a Notice of Accelerated Interlocutory Appeal regarding a March 2, 2022 order from the 201st Judicial District Court of Travis County, Texas. - The order implicitly denied Defendants' plea to the jurisdiction and granted Plaintiffs' request for a temporary restraining order, enjoining Defendants from taking actions against Plaintiffs based on the Governor's February 22, 2022 letter regarding gender-affirming care for transgender minors. - Defendants are entitled to an interlocutory appeal of the order denying their plea to the jurisdiction under Texas Civil Practice and Remedies Code section 51.014(a)(8). The

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    4K views4 pages

    AG Ken Paxton's Appeal Notice

    Uploaded by

    CBS Austin Webteam
    - Defendants Greg Abbott, Jaime Masters, and the Texas Department of Family and Protective Services filed a Notice of Accelerated Interlocutory Appeal regarding a March 2, 2022 order from the 201st Judicial District Court of Travis County, Texas. - The order implicitly denied Defendants' plea to the jurisdiction and granted Plaintiffs' request for a temporary restraining order, enjoining Defendants from taking actions against Plaintiffs based on the Governor's February 22, 2022 letter regarding gender-affirming care for transgender minors. - Defendants are entitled to an interlocutory appeal of the order denying their plea to the jurisdiction under Texas Civil Practice and Remedies Code section 51.014(a)(8). The

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    of 4

    CAUSE NO.

    D-1-GN-22-000977

    JANE DOE, et al., § IN THE DISTRICT COURT


    Plaintiffs, §
    §
    v. § 201st JUDICIAL DISTRICT
    §
    GOVERNOR ABBOTT, et al., §
    §
    Defendants. § TRAVIS COUNTY, TEXAS

    DEFENDANTS’ NOTICE OF ACCELERATED INTERLOCUTORY APPEAL

    Defendants Greg Abbott in his official capacity as Governor of the State of Texas (“Governor

    Abbott”), Jaime Masters in her official capacity of Commissioner of the Department of Family and

    Protective Services (“Commissioner Masters”), and the Texas Department of Family and Protective

    Services (“DFPS”) (collectively, “Defendants”) respectfully appeal the Court’s interlocutory order of

    March 2, 2022. Said Order implicitly denied Defendants’ plea to the jurisdiction and granted Plaintiffs’

    request for a temporary restraining order. The Order enjoins Defendants from taking any actions

    against Plaintiffs based solely on the Governor’s February 22, 2022 letter and DFPS statement of the

    same date, as well as Attorney General Opinion No. KP-0401; the Order further enjoins Defendants

    from taking any employment action or investigating reports against Plaintiffs based solely on

    facilitating or providing gender-affirming care to transgender minors based on the fact that the minors

    are transgender, gender transitioning, or receiving or being prescribed gender-affirming medical

    treatment.

    Defendants are entitled to an interlocutory appeal pursuant to Civil Practice and Remedies

    Code section 51.014(a)(8), which allows for an immediate appeal from an order that denies a plea to

    the jurisdiction. Defendants appeal to the Third Court of Appeals. This is an accelerated appeal as

    provided by Texas Rule of Appellate Procedure 28.1. This is not a parental termination or child

    Defendants’ Notice of Accelerated Interlocutory Appeal Page 1


    protection case, as defined in Rule 28.4.

    Pursuant to Texas Civil Practice and Remedies Code § 51.014(b), all further proceedings in

    this court are stayed pending resolution of Defendants’ appeal. Upon filing of this instrument, the

    March 2, 2022 Order is superseded pursuant to Texas Civil Practice and Remedies Code section

    6.001(b) and Texas Rule of Appellate Procedure 29.1(b). Pursuant to section 6.001, as governmental

    officers/entities, Defendants are not required to file a supersedeas bond for court costs. Defendants’

    appeal is therefore perfected upon the filing of the notice of appeal.

    Respectfully submitted,

    KEN PAXTON
    Attorney General of Texas

    BRENT WEBSTER
    First Assistant Attorney General

    GRANT DORFMAN
    Deputy First Assistant Attorney General

    SHAWN COWLES
    Deputy Attorney General for Civil Litigation

    THOMAS A. ALBRIGHT
    Chief for General Litigation Division

    /s/ Ryan G. Kercher _


    RYAN G. KERCHER
    Texas Bar No. 24060998
    Assistant Attorney General
    Office of the Attorney General
    P.O. Box 12548, Capitol Station
    Austin, Texas 78711-2548
    Phone: 512-463-2120
    Fax: 512-320-0667
    [email protected]

    Counsel for Defendants

    Defendants’ Notice of Accelerated Interlocutory Appeal Page 2


    CERTIFICATE OF SERVICE

    I certify that a true and correct copy of the foregoing document has been served electronically
    through the electronic-filing manager in compliance with TRCP 21a on March 2, 2022 to:

    Brian Klosterboer Brandt T. Roessler


    Andre Segura BAKER BOTTS L.L.P.
    AMERICAN CIVIL LIBERTIES UNION 30 Rockerfeller Plaza
    FOUNDATION OF TEXAS New York, New York 10112-4498
    5225 Katy Fwy., Ste 350 Phone: 212-408-2500
    Houston, TX 77007 [email protected]
    Phone: 713-942-8146 Pro hac vice forthcoming
    [email protected]
    [email protected] Paul D. Castillo
    Shelly L. Skeen
    Chase Strangio Nicholas “Guilly” Guillory
    James Esseks LAMBDA LEGAL DEFENSE AND
    Anjana Samant EDUCATION FUND, INC.
    Kath Xu 3500 Oak Lawn Ave., Unit 500
    AMERICAN CIVIL LIBERTIES UNION Dallas, Texas 75219
    FOUNDATION OF TEXAS Phone: 214-219-8585
    125 Broad St, 18th Floor [email protected]
    New York, New York 10004 [email protected]
    Phone: 917-345-1742 [email protected]
    [email protected]
    [email protected] Omar Gonzalez-Pagan
    [email protected] M. Curry Cook
    [email protected] LAMBDA LEGAL DEFENSE AND
    EDUCATION FUND, INC.
    Derek R. McDonald 120 Wall Street, 19th Floor
    Maddy R. Dwertman New York, New York 10005-3919
    BAKER BOTTS L.L.P. Phone: 212-809-8585
    98 San Jacinto Blvd, Ste 1500 [email protected]
    Austin, Texas 78701-4078 [email protected]
    Phone: 512-322-2500
    [email protected] Camilla B. Taylor
    [email protected] LAMBDA LEGAL DEFENSE AND
    EDUCATION FUND, INC.
    65 E. Wacker Place, Ste 2000
    Chicago, IL 60601-7245
    Phone: 312-663-4413
    [email protected]

    Defendants’ Notice of Accelerated Interlocutory Appeal Page 3


    Karen L. Loewy
    LAMBDA LEGAL DEFENSE AND
    EDUCATION FUND, INC.
    1776 K Street, N.W., 8th Floor
    Washington, DC 20006-2304
    Phone: 202-804-6245
    [email protected]

    Counsel for Plaintiffs

    /s/ Ryan G. Kercher


    RYAN G. KERCHER

    Defendants’ Notice of Accelerated Interlocutory Appeal Page 4

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