Docketing statement¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-07-13 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
Print or Print to SAVE AS PDF. ACCEPTED 15-26-00132-CV FIFTEENTH COURT OF APPEALS Appellate Docket Number: 15-26-00132-CV AUSTIN, TEXAS Appellate Case Style: Kevin N. Bass Vs. Darrin D'Agostino and Amanda McSween, in their official capacities 7/13/2026 5:09 PM MICHAEL A. CRUZ Companion CLERK Case(s): FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 7/13/2026 5:09:19 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. CRUZ MICHAEL Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided. Amended/Corrected Statement I. Appellant Person II. Appellant Attorney(s) - Continued Organization Name: Kevin N. Bass Name: ✔ Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. (512) 333-4092 Ext. Fax: City/State/Zip: Email: kbassphiladelphia@gmail.com Tel. II. Appellant Attorney(s) Email: Select Lead Attorney Name: Select Lead Attorney Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Ext. Fax: Email: Tel. Ext. Fax: Email: Select Lead Attorney Name: Select Lead Attorney Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: Email: Fax: Bar No. Firm/Agency: Tel. Ext. Name: Bar No. Tel. Select Lead Attorney City/State/Zip: Ext. Fax: Tel. Email: Page 1 of 11 Ext. Fax: III. Appellee Person IV. Appellee Attorney(s) - Continued Organization Select Lead Attorney see Attachment A) Name: Darrin D'Agostino and Amanda McSween (official capacities Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: Email: City/State/Zip: Tel. Ext. Fax: Email: IV. Appellee Attorney(s) Select Lead Attorney Select Lead Attorney Name: Scott D. Smith Name: Bar No. 24011874 Bar No. Firm/Agency: Division Firm/Agency: Office of the Attorney General of Texas, General Litigation Address 1: P.O. Box 12548, Capitol Station Address 1: Address 2: Address 2: City/State/Zip: Austin, TX 78711-2548 City/State/Zip: Tel. Tel. Ext. Fax: Email: scott.smith@oag.texas.gov Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Email: Ext. Fax: Select Lead Attorney Name: Tel. Fax: Email: Select Lead Attorney Ext. Tel. Email: Page 2 of 11 Ext. Fax: V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Governmenal Immunity Type of Judgment: Dismissal Date Order or Judgment signed: 03/26/2026 Date Notice of Appeal filed in Trial Court: 06/24/2026 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): Permissive? (See TRAP 28.3): Yes Yes No No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, is the Attorney General of Texas a party to the case? Yes No Yes No VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: 04/03/2026 Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: 04/03/2026 Other: Yes No If Other, please specify: Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No Yes No Yes No Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court and Record Court: 237th Judicial District Court Clerk’s Record County: Lubbock Trial Court Clerk: ✔ District Trial Court Docket No. (Cause No.): DC-2025-CV-1817 Was Clerk’s record requested? ✔ Yes Name: Hon. Les Hatch If no, date it will be requested: Were payment arrangements made with clerk? Address 1: Lubbock County Courthouse, 904 Broadway Address 2: City/State/Zip: Lubbock, TX 79401 Ext. No If yes, date requested: 07/08/2026 Trial Court Judge (who tried or disposed of the case): Tel. County ✔ Yes No Indigent (Note: No request required under TRAP 34.5(a),(b).) Fax: Email: Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes Was Reporter’s Record requested? No Yes No If yes, date requested: 07/08/2026 If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Court Reporter Official Court Recorder Substitute Court Reporter Official Name: Annette Goodman Name: Address 1: 904 Broadway, Ste. 606 Address 1: Address 2: Address 2: City/State/Zip: Lubbock, TX 79401-3407 City/State/Zip: Tel. Tel. Ext. Fax: Email: agoodman@lubbockcounty.gov Yes No Indigent Court Recorder Substitute Ext. Fax: Email: X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? If yes, briefly state the basis for your request: Page 5 of 11 Yes No XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Appellant respectfully declines referral to mediation and does not believe mediation would be pr Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Governmenal Immunity Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other: If other, please specify: Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: Page 6 of 11 Yes No XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) Rate the complexity of the case (use 1 for least and 5 for most complex): 3 4 Please make my answer to the preceding questions known to other parties in this case? Yes Can the parties agree on an appellate mediator? Yes 1 2 5 No No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient: Name of the person filling out mediation section of docketing statement: Kevin N. Bass, Appellant pro se XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Page 7 of 11 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances. Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). Page 8 of 11 XV. Fifteenth Court of Appeals Jurisdiction Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information. Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer ’s or employee ’s official conduct? Yes No If the answer is yes, does this appeal involve: a proceeding brought under the Family Code and any related motion or proceeding; a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure; a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; a proceeding relating to a mental health commitment; a proceeding relating to civil asset forfeiture; a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain; a proceeding brought under Chapter 101, Civil Practice and Remedies Code; a claim of personal injury or wrongful death; a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; a proceeding brought under Chapter 55, Code of Criminal Procedure; a proceeding under Chapter 22A, Government Code; a proceeding brought under Subchapter E-1, Chapter 411, Government Code; a proceeding brought under Chapter 21, Labor Code; a removal action under Chapter 87, Local Government Code; a proceeding brought under Chapter 841, Health and Safety Code; XVI. Signature 07/13/2026 Signature of counsel (or Pro Se Party) Date Kevin N. Bass N/A (Pro Se) Printed Name State Bar No. /s/ Kevin N. Bass Kevin N. Bass Electronic Signature (Optional) Name XVII. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court’s Order or Judgment as follows on: /s/ Kevin N. Bass Signature of counsel (or Pro Se Party) Electronic Signature (Optional) N/A (Pro Se) State Bar No. Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party’s attorney, the name of the party represented by the attorney. Page 9 of 11 Please enter the following for each person served: Date Served: 07/13/2026 Date Served: Manner Served: eServe Manner Served: Select Name: Scott D. Smith Name: Bar No. 24011874 Bar No. Division Firm/Agency: Office of the Attorney General of Texas, General Litigation Firm/Agency: Address 1: P.O. Box 12548, Capitol Station Address 1: Address 2: Address 2: City/State/Zip: Austin, TX 78711-2548 City/State/Zip: Tel. Tel. Ext. Fax: Ext. Email: scott.smith@oag.texas.gov Email: Party: Appellees Darrin D'Agostino and Amanda McSween Party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Email: Email: Party: Party: Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Page 10 of 11 Ext. Fax: Fax: Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Tel. Ext. Ext. Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Name: Manner Served: Select Name: Address 1: Address 1: Address 2: City/State/Zip: Address 2: City/State/Zip: Tel. Ext. Tel. Fax: Fax: Email: Email: Ext. Print or Print to SAVE AS PDF. Page 11 of 11 Updated 4/8/2026 No. 15-26-00132-CV In the Fifteenth Court of Appeals — Austin, Texas Kevin N. Bass, Appellant v. Darrin D'Agostino and Amanda McSween, in their official capacities, Appellees On appeal from the 237th Judicial District Court of Lubbock County, Texas — Cause No. DC-2025-CV-1817 ATTACHMENT A TO APPELLANT'S DOCKETING STATEMENT Full designation of parties and counsel (Tex. R. App. P. 32.1; per the form's instruction that limited field space may be supplemented by separate document) I. Appellant Kevin N. Bass, pro se. Email: kbassphiladelphia@gmail.com. Tel. 512-333-4092. II. Appellees (full official-capacity designations) 1. 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. 2. Amanda McSween, in her official capacity as Managing Director of Enrollment Services and University Registrar of Texas Tech University Health Sciences Center. III. Counsel of record for Appellees Scott D. Smith, Assistant Attorney General, State Bar No. 24011874 (lead counsel), Office of the Attorney General of Texas, General Litigation Division, P.O. Box 12548, Capitol Station, Austin, Texas 78711-2548. Email: scott.smith@oag.texas.gov. IV. Judgment appealed Order on Defendants' Plea to the Jurisdiction or, in the Alternative, Plea in Abatement, signed March 26, 2026, by the Honorable Les Hatch, granting the plea to the jurisdiction and dismissing all of Plaintiff's claims without prejudice (the alternative plea-in-abatement paragraph was struck through by the court). All other defendants were previously nonsuited; the order disposes of all remaining parties and claims and is a final judgment. Respectfully submitted, /s/ Kevin N. Bass Kevin N. Bass, Appellant pro se 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: 117285079 Filing Code Description: Docketing Statement Filing Description: Appellant's Docketing Statement and Attachment A (party designations) ??? Appeal No. 15-26-00132-CV / trial court DC-2025-CV-1817 Status as of 7/14/2026 7:15 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kevin Bass kbassphiladelphia@gmail.com 7/13/2026 5:09:19 PM SENT Scott Smith 24011874 scott.smith@oag.texas.gov SENT 7/13/2026 5:09:19 PM