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Notice of Submission

Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-03-13 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

Filed 3/13/2026 3:42 PM
Sara L. Smith
Lubbock County - 237th District Court
Lubbock County, Texas

SC

CAUSE NO. DC-2025-CV-1817
KEVIN N. BASS,
Plaintiff,
vs.
DARRIN D’AGOSTINO, D.O.,
M.P.H., M.B.A., in his official capacity
as Provost and Executive Vice
President of Academics of Texas Tech
University Health Sciences Center; and
AMANDA McSWEEN, in her official
capacity as Managing Director of
Enrollment Services and University
Registrar of Texas Tech University
Health Sciences Center,
Defendants.

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IN THE DISTRICT COURT

OF LUBBOCK COUNTY, TEXAS

237th JUDICIAL DISTRICT

NOTICE OF SUBMISSION
TO THE HONORABLE JUDGE OF SAID COURT:
Please take notice that Defendants’ Plea to the Jurisdiction or, in the Alternative, Plea in
Abatement (the “Motion”) will be submitted to the Court for consideration without oral hearing
on March 9, 2026, at 9:00 a.m.
The Court will consider the Motion, Plaintiff’s response, and any reply on file at that time.
No personal appearance is required. The Court may rule on the Motion after the submission date
without further notice or hearing.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
RALPH MOLINA
Deputy First Assistant Attorney General

198

AUSTIN KINGHORN
Deputy Attorney General for Civil Litigation
KIMBERLY GDULA
Chief for General Litigation Division
/s/ Scott D. Smith
SCOTT D. SMITH
Assistant Attorney General
Texas Bar No. 24011874
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711 2548
Telephone: (512) 917-3132
Division Fax: (512) 477-2348
Email: scott.smith@oag.texas.gov
Counsel for Defendants

CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the foregoing instrument was served in
accordance with Rule 21a of the Texas Rules of Civil Procedure upon the counsel of record below
on this 13th day of March 2026.
Kevin N. Bass

Via E-File

Phone: 512-333-4092
Email: kbassphiladelphia@gmail.com
Pro Se Plaintiff
/s/ Scott D. Smith
SCOTT D. SMITH
Assistant Attorney General

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199

This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Karla Gutierrez on behalf of Scott Smith
Bar No. 24011874
karla.gutierrez@oag.texas.gov
Envelope ID: 112412497
Filing Code Description: NOTC - Notice
Filing Description: Notice of Submission
Status as of 3/13/2026 3:55 PM CST
Associated Case Party: Darrin D'Agostino

Karla Gutierrez

karla.gutierrez@oag.texas.gov

3/13/2026 3:42:10 PM

SENT

Scott D. Smith

scott.smith@oag.texas.gov

3/13/2026 3:42:10 PM

SENT

Associated Case Party: Kevin Bass

Kevin N. Bass

kbassphiladelphi@gmail.com

3/13/2026 3:42:10 PM

ERROR

200

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