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Fallon v. MD Anderson Physicians Network

Court of Appeals of Texas, First District, Houston

June 20, 2019

Michael Fallon, M.D.
v.
MD Anderson Physicians Network and Michael W. Brown, as President and Chief Executive Officer of MD Anderson Physicians Network

          151st District Court of Harris County, Trial court case number: 2017-36113

          ORDER

          JULIE COUNTISS JUDGE

         On August 21, 2018, the trial court ordered that Exhibits G, I, M, and N, previously filed in camera with the trial court in connection with appellees' Response to Plaintiff Michael Fallon, M.D.'s Motion for Summary Judgment and Cross-Motion for Summary Judgment, be filed "in camera and under seal" and be "permanently sealed." On November 19, 2018, the trial court ordered the Harris County district clerk to send Exhibits G, I, M, and N to this Court "in camera and under seal" as a supplemental clerk's record. On November 21, 2019, appellees requested that the district clerk file a supplemental clerk's record containing certain documents, including Exhibits G, I, M, and N. In making their request, appellees noted that Exhibits G, I, M, and N "do not appear on the docket that is publically available, but were made part of the record of the case by the trial court." Accordingly, appellees requested that the district clerk transmit Exhibits G, I, M, and N, which were in the district clerk's possession, to this Court "in camera and under seal." Although the district clerk filed a supplemental clerk's record containing the requested documents in this Court on February 15, 2019, it failed to file Exhibits G, I, M, and N "in camera and under seal" so that they may only be viewed by this Court in connection with appellants' appeals.

         Accordingly, we strike the supplemental clerk's record filed in this Court on February 15, 2019.

         We direct the Harris County district clerk to file with this Court, within 7 days of the date of this order, a supplemental clerk's record containing the following documents.

(1) Defendants' Motion to Determine that Copies of Lost or Destroyed In Camera Exhibits Are Accurate filed on or about August 1, 2018 (Image No. 81049042);
(2) Exhibit A, Affidavit of Stacianne Wilson, filed on or about August 1, 2018 (Image No. 81049043);
(3) Defendants' Motion to Permanently Seal In Camera Summary Judgment Exhibits filed on or about August 1, 2018 (Image No. 81051997);
(4) Filing Letter filed on or about August 1, 2018 (Image No. 81049862);
(5) Filing Letter filed on or about August 3, 2018 (Image No. 81081778);
(6) Notice to the Public Regarding Motion to Seal Court Records filed on or about August 3, 2018 (Image No. 81081777);
(7) Dr. Fallon's Response to Defendants' Motions to Seal and to Determine that Copies of Lost of Destroyed in Camera Exhibits are Accurate filed on or about August 14, 2018 (Image No. 81265451);
(8) Exhibit A filed on or about August 14, 2018 (Image No. 81265452);
(9) Exhibit B filed on or about August 14, 2018 (Image No. ...

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