Order Denying Rule 306a(5) Motion and Motion for New Trial¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-05-27 · PDF
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Filed 5/27/2026 2:23 PM Sara L. Smith Lubbock County - 237th District Court Lubbock County, Texas TB CAUSE NO. DC-2025-CV-1817 KEVIN N. BASS, Plaintiff, vs. DARRIN D GOSTINO, 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 DENYING PLAINTIFF S SWORN MOTION UNDER RULE 306a(5) AND MOTION FOR NEW TRIAL On May 21, 2026, the Court considered Plaintiff s Sworn Motion Under Rule 306a(5) and Motion for New Trial Under Rule 329b (the Motion ), Defendant Response, Plaintiff s Reply, the pleadings on file, oral argument, and the applicable law. notice of the Order on Defendants Plea to the Jurisdiction within 20 days of the Court signing same. As to Pla he Court finds that Plaintiff failed to establish entitlement to the relief requested in the Motion and further failed to demonstrate grounds warranting a new trial under Rule Jurisdiction by way of his Response to same filed March 3, 2026, which the Court considered. Copy from re:SearchTX submission as the Plea was based solely on uncontroverted pleadings and facts-that he was deprived of oral argument on same does not entitle him to a new trial. Third, no sur- not have been considered by the Court. Fourth, Plaintiff is not entitled to a new trial based on his 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. IT IS FURTHER ORDERED that all relief requested in the Motion and not expressly granted herein is DENIED. IT IS SO ORDERED. SIGNED this 27th day of May, 2026. JUDGE PRESIDING 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. Envelope ID: 115396083 Filing Code Description: ORDM - Order To Deny Motion Filing Description: DC-2025-CV-1817 - Order Denying Plaintiff's Sworn Motion and Motion for New Trial Status as of 5/27/2026 2:25 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Tristan AGarza tristan.garza@oag.texas.gov 5/27/2026 2:23:09 PM SENT Karla Gutierrez karla.gutierrez@oag.texas.gov 5/27/2026 2:23:09 PM SENT Scott D. Smith scott.smith@oag.texas.gov 5/27/2026 2:23:09 PM SENT Kevin N. Bass kbassphiladelphi@gmail.com 5/27/2026 2:23:09 PM ERROR Copy from re:SearchTX