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The State Case & Appeal

This page tracks the state-court lawsuit and its appeal as a procedural record. Every statement is drawn from the face of the signed orders and filings linked at the bottom of the page.

The case

Caption (operative) Kevin N. Bass v. Darrin D'Agostino, D.O., M.P.H., M.B.A., and Amanda McSween, in their official capacities
Cause number DC-2025-CV-1817, 237th Judicial District Court, Lubbock County, Texas
Trial judge Hon. Les Hatch
Appeal Fifteenth Court of Appeals of Texas, No. 15-26-00132-CV
Plaintiff / Appellant Kevin N. Bass, pro se
Defense counsel Office of the Attorney General of Texas, General Litigation Division

A note on the caption: the signed orders and the notice of appeal name two official-capacity defendants — the Provost and the University Registrar. District-clerk system records for the same cause number carry a longer style listing eight names. The operative caption above is the one used on the court's own orders.

What happened

March 26, 2026 — claims dismissed on the plea to the jurisdiction

The court signed an order on Defendants' Plea to the Jurisdiction stating:

"IT IS THEREFORE ORDERED that Defendants' Plea to the Jurisdiction is GRANTED. The Court finds that it lacks subject-matter jurisdiction over Plaintiff's claims. Accordingly, Plaintiff's claims are DISMISSED without prejudice."

The order also granted, in the alternative, a plea in abatement, describing the federal action (No. 5:25-cv-00244-H-BV) as "the parallel civil action." The e-filing cover data on the signed order shows it originated as Defendants' proposed order, submitted March 13, 2026 on behalf of the Office of the Attorney General.

For context: Plaintiff's proposed federal Second Amended Complaint pleads the opposite position on this point — "The two proceedings are not parallel" (¶ 6) — and states that the federal action "seeks no relief sought in Plaintiff's pending state suit."

April–May 2026 — Rule 306a(5) motion and motion for new trial

Plaintiff moved under Texas Rule of Civil Procedure 306a(5) (late notice of judgment) and Rule 329b (new trial), with exhibits, and separately moved to disqualify opposing counsel. The court heard the 306a/new-trial motion on May 21, 2026.

One fact visible on the face of both signed orders: the certificates of e-service list Plaintiff's email address as kbassphiladelphi@gmail.com — missing a letter — with delivery status "ERROR."

May 27, 2026 — new trial denied

"IT IS THEREFORE ORDERED that Plaintiff's Sworn Motion Under Rule 306a(5) and Motion for New Trial Under Rule 329b is DENIED in its entirety."

— Order signed May 27, 2026

June–July 2026 — the appeal

Date Event
Jun 24, 2026 Notice of appeal served — appealing the March 26, 2026 order "and... every other order and ruling that is subject to appellate review upon appeal from that final judgment, including the trial court's order denying Plaintiff's Sworn Motion and Motion for New Trial"
Jul 8, 2026 Clerk's record and reporter's record requested
Jul 10, 2026 $449.00 paid to the district clerk (receipt DC-2026-08121)
Jul 13, 2026 Docketing statement signed and submitted — appellate docket No. 15-26-00132-CV
Jul 17, 2026 Clerk's record filed
Jul 24, 2026 Reporter's record filed — the appellate record is complete

The appeal lies in the Fifteenth Court of Appeals under Tex. Gov't Code § 22.220(d)(1), which gives that court exclusive intermediate appellate jurisdiction over matters against officers or employees of state agencies — including institutions of higher education — arising out of official conduct.

Current status

The appeal is docketed and the record has been requested and paid for. Briefing had not begun as of the date of this page.

Unknowns / what this page does not establish

  • The appellate briefing schedule.
  • Whether the motion to disqualify counsel was ruled on before the appeal; this record does not show a signed order on it.

Filings (PDF)

Date Document
2026-03-26 Order on Defendants' Plea to the Jurisdiction
2026-05-27 Order Denying Rule 306a(5) Motion and Motion for New Trial
2026-06-24 Plaintiff's Notice of Appeal

See also: The Federal Case · Court Filings · The Squeeze: Documents

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Maintained by Kevin Bass, Ph.D. A repository of primary-source documents for courts, journalists, and the public.