Appellees Xerox Corporation and Xerox State Healthcare, LLC f/k/a ACS State Healthcare, LLC (“Xerox”) respectfully file this Unopposed Motion for

Leave to File a Supplemental Brief on Jurisdiction, and in support thereof, shows

the following:

1. Rule 38.7 of the Texas Rules of Appellate Procedure provides for the amendment or supplementation of briefing “whenever justice requires, on

whatever reasonable terms the court may prescribe.” T EX . R. PP . P. 38.7.

2. Justice requires supplementation because, as a threshold matter, the Court must ascertain whether it has subject matter jurisdiction to address all issues

raised by this appeal. University of Tex. Sw. Med. Ctr. at Dallas v. Loutzenhiser,

140 S.W.3d 351, 358 (Tex. 2004). Xerox stated the basis for the Court’s

jurisdiction in its appellees’ brief but did not elaborate because it thought the basis

was undisputed. In the State’s appellee’s brief, however, the State argued that the

Court lacks jurisdiction over the part of the district court’s order dismissing the

third-party claims against Xerox. State Br. 43. In their reply brief, the appellants

did not respond to this particular argument made by the State. Therefore, the issue

has not yet been joined.

3. The supplemental brief that Xerox seeks leave to file addresses the circumscribed jurisdictional dispute germane to the third-party claims against

Xerox. It explains that the Court has appellate jurisdiction under section 51.014(8)

of the Texas Civil Practice & Remedies Code. Alternatively, Xerox argues that, if

the Court were to determine that it lacks appellate jurisdiction, it should

nonetheless exercise mandamus jurisdiction with respect to the district court’s

ruling dismissing the third-party claims against Xerox so that all issues raised by

this appeal will be addressed on the merits.

4. The supplemental brief that Xerox seeks leave to file will not impinge upon the word-count limits imposed by Texas Rule of Appellate Procedure 9.4.

Xerox’s appellees’ brief contains only 3,843 words, excluding the parts of the brief

exempted by Rule 9.4(i)(2), and its Supplemental Brief on Jurisdiction contains

only 1,215 words, excluding the parts of the brief exempted by Rule 9.4(i)(2).

Therefore, if leave is granted, the total words in Xerox’s briefing in this matter will

lie far below the maximum allowed under the rules.

P RAYER Xerox respectfully requests that the Court grant leave to file the Supplemental Brief on Jurisdiction, which is tendered simultaneously with this

motion as Exhibit 1.

Respectfully submitted, By: /s/ Eric J.R. Nichols By: /s/ Constance H. Pfeiffer

Eric J.R. Nichols

State Bar No. 14994900 State Bar No. 24046627

Gretchen Sween B ECK R EDDEN LLP

State Bar No. 24041996 1221 McKinney St., Ste. 4500

Christopher R. Cowan Houston, TX 77010

State Bar No. 24084975 Tel: 713.951.3700

B ECK R EDDEN LLP Fax: 713.951.3720

515 Congress Ave., Ste. 1900

Austin, TX 78701

Tel: 512.708.1000

Fax: 512.708.1002

Robert C. Walters C. Andrew Weber

State Bar No. 20820300 State Bar No. 00797641

G IBSON , D UNN & C RUTCHER LLP K ELLY H ART & H ALLMAN LLP

2100 McKinney Ave., Ste. 1100 301 Congress, Ste. 2000

Dallas, TX 75201

Tel: 214.698.3100 Tel: 512.495.6451

Fax: 214.571.2900 Fax: 512.495.6930 OUNSEL FOR PPELLEES , X EROX ORPORATION AND X EROX S TATE EALTHCARE , LLC, F / K / A ACS TATE H EALTHCARE , LLC ERTIFICATE OF ONFERENCE

I certify that I conferred with counsel for Appellants and for the State.

Appellants do not oppose the relief requested here. The State does not oppose the

relief requested here.

/s/ Constance H. Pfeiffer Counsel for Appellees ERTIFICATE OF ERVICE I hereby certify that on December 8, 2015, a true and correct copy of the above Unopposed Motion for Leave to File Supplemental Brief on Jurisdiction was

forwarded to all counsel of record by the Electronic Service Provider, if registered,

otherwise by email, and to Respondent, by hand delivery, as follows:

J. Campbell Barker Philip A. Lionberger Deputy Solicitor General Assistant Solicitor General Office of the Attorney General Office of the Attorney General

P.O. Box 12548 (MC 059) P.O. Box 12548 (MC 059) Austin, TX 78711-2548 Austin, TX 78771-2548 Cam.Barker@texasattorneygeneral.gov Philip.Lionberger@texasattorneygeneral.gov

Raymond Winter Reynolds Brissenden Chief, Civil Medicaid Fraud Division Assistant Attorney General

Office of the Attorney General Office of the Attorney General

P.O. Box 12548 P.O. Box 12548 Austin, TX 78711-2548 Austin, TX 78711-2548 raymond.winter@texasattorneygeneral.gov reynolds.brissenden@texasattorneygeneral.gov

Counsel for Appellee, The State of Texas Jason Ray E. Hart Green Riggs, Aleshire & Ray, P.C. Weller, Green, Toups & Terrell, L.L.P. 700 Lavaca, Suite 920 Post Office Box 350 Beaumont, TX 77704-0350 jray@r-alaw.com hartgr@wgttlaw.com Counsel for Appellants By: /s/ Constance H. Pfeiffer Constance H. Pfeiffer