Order on Defendants' Plea to the Jurisdiction¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-03-26 · PDF
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Filed 3/26/2026 3:49 PM Sara L. Smith Lubbock County - 237th District Court Lubbock County, Texas 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. § § § § § § § § § § § § § § § § § § IN THE DISTRICT COURT OF LUBBOCK COUNTY, TEXAS 237th JUDICIAL DISTRICT ORDER ON DEFENDANTS’ PLEA TO THE JURISDICTION OR, IN THE ALTERNATIVE, PLEA IN ABATEMENT On this day the Court considered Defendants’ Plea to the Jurisdiction or, in the Alternative, Plea in Abatement (the “Motion”). The Court, having considered the Motion, Plaintiff’s response, Defendants’ reply, the pleadings on file, and the applicable law, finds that the Motion should be GRANTED. 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. IT IS FURTHER ORDERED that, in the alternative, Defendants’ Plea in Abatement is GRANTED. Accordingly, all proceedings in this case are ABATED pending final disposition of the parallel civil action in the U.S. District Court for the Northern District of Texas styled Kevin N. Bass v. Texas Tech University Health Sciences Center, et al., Civil Action No. 5:25-cv-00244H-BV (the “federal action”). The parties shall notify the Court within fourteen (14) days after the federal action has been finally disposed. Copy from re:SearchTX TB March 26 SIGNED on on ___________________, 2026 SIGNED March 26 , 2026 Les Hatch ______________________________ HONORABLE LES HATCH HATCH HONORABLE LES 2 2 Copy from re:SearchTX Automated Certificate of eService 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: 112411933 Filing Code Description: ORDR - Order Filing Description: 20260313_Proposed Order Status as of 3/26/2026 4:09 PM CST Associated Case Party: Darrin D'Agostino Name BarNumber Email TimestampSubmitted Status Karla Gutierrez karla.gutierrez@oag.texas.gov 3/13/2026 3:36:55 PM SENT Scott D. Smith scott.smith@oag.texas.gov 3/13/2026 3:36:55 PM SENT Associated Case Party: Kevin Bass Name Kevin N. Bass Copy from re:SearchTX BarNumber Email TimestampSubmitted Status kbassphiladelphi@gmail.com 3/13/2026 3:36:55 PM ERROR