Ximena Lopez, M.D., v. CHILDREN’s MEDICAL CENTER AT DaLias, Cause No. CC-22-02427-B Plaintis | rue County Court AT Law No. 2 Dattas County, Texas Defendant. TEMPORARY RESTRAINING ORDER AND ORDER GRANTING EXPEDITED DiscOVERY On May 11, 2022, the Court heard Plaintiff Ximena Lopez, M.D.’s Application for ‘Temporary Restraining Order. After reviewing the pleading, evidence, and the arguments of counsel, the Court makes the following findings and GRANTS the Application as follows: 1 ‘The Court has jurisdiction to hear the Application and issue appropriate injunctive lief pursuant to it. Plaintiff has substantially complied with Local Rule 2.02. Pursuant to TEXAS RULE OF C1vit PROCEDURE 683, the Court has the authority and discretion to enjoin Children’s Medical Center at Dallas and its officers, agents, servants, employees attomeys,aswellasanyindiviualsandentites in active concert or participation with them,together' ee ecaeie RAL ces enak Service 8” otherwnye, ‘The Court finds that Plaintiff has carried het bufden at this stage by pr : temporary injunctive relief is appropriate for the following reason(s): a Plansilh demonstrated & Probable right 4 relicf on Hair claims that: a. CMC is violating the law by interfering with, controlling, or otherwise directing any physician’s professional judgment, in violation of the prohibition against the corporate practice of medicine, and by attempting to restrict Dr. Lopez’ al privileges without taking any formal action tolimither clinical privileges or provide her due process rights. b. _ CMCis violating the law by discriminating against patients on the basis ofthe patient’s gender identity and directing Plaintiff to violate the law by discriminating against patients on the basis of a patient's gender identity. (ORDER GRANTING PLAINTIFF'S APPLICATION FOR TRO AND EXPEDITED DISCOVERY Page-1¢. There is an imminent and irreparable harm to Plaintiff if a temporary restraining order is not issued as requested. ‘The Court finds the status quo tobe preserved during the pendency of this temporary restraining order—that is, the last, actual, peaceable time before the instant controversy as reflected in the historical practices and operations at CMC —was the situation prior to CMC’s restriction on providing gender-affirming endocrinology care to new patients at CMC. The status quo to be maintained therefore permits providers at CMC to provider gender-affirming endocrinology care to both new and existing patients. 6. Based on these findings, and to maintain the status quo, the Court grants the Application for Temporary Restraining Order and orders injunctive reliefas follows: a Children’s Medical Center at Dallas and its officers, agents, servants, employees, attorneys, as well as any indiyiduals and entities in active goncert or paricipation wth them if foseaised divine Rs pemlenty FING ORE cota from enforcing any policy or limitation that restricts or prohibits gender- S=™+< affirming endocrinology care, including specifically pubertal suppression or Svherw* hormone therapy, to new or established patients due the patient’s gender identity or gender dysphoria; b. Children’s Medical Center at Dallas and its officers, agents, servants, employees, attorneys ss wllas yin vigylsandenives nacuvegones, my or participation with hema eacained ing pendency of ees ohat from discriminating against patients secking gender-affirming endocrinology Sec“ care by restricting or prokibiting care because of the patient’s gender ciherws identity; c. Children’s Medical Center at Dallas and its officers, agents, servants, employees, attorneys, as [Link] any individyels and entitiesin active eqnoert or participation with them are restrained from interfering with, Eofteding oro “ag or otherwise directing any physician's professional judgment with respect to. 8" e the provision of gender-aflirming endocrinology care at CMC; and - d. Children’s Medical Center at Dallas and its officers, agents, servants, employees, attorneys, as well a any individuals and entities in actjve,conce or participation with theme vesesieed impo singsny’ raion or aan Lope2’s exercise of her clinical privileges to provide pediatric endocrinology sevv'+s care, including, but not limited to, prohibiting her from providing gender $c affirming endocrinology care, in the absence of any formal due process under CMC’ by-laws by the appropriate parties to restrict Dr. Lopez’s clinical privileges. ‘The temporary restraining order expires without further action from the parties at midnight on _S/2u /2ote ORDER GRANTING PLAINTIFF'S APPLICATION FOR TRO AND EXPEDITED DISCOVERY Page-2‘The Court further finds that there is good cause to permit expedited discovery by Plaintiff in advance of the temporary injunction hearing and therefore orders that Defendant Children’s Medical Center at Dallas shall produce to Plaintiff, within 10 days of the date of this Temporary Restraining Order, the following categories of documents: 1 2, Dr. Lopez’s privileges file. CMC’s by-laws and medical staff rules and regulations in effect in 2021. Documentation reflecting any formal corporate action by CMC or any Board of cc: a. against the privileges of Dr. Lopez b. _torestrict the provision of gender-affirming endocrine care at CMC. CMC’s written policies and procedures in effect in June of 2021 related to a. gender-affirming endocrine care; b. the GENECIS program; €. _anti-discrimination; and 4. patients’ rights. Any contract or agreement in effect in 2021 between CMC and UT Southwestern that would apply or relate to either Dr. Lopez's provision of care at CMC or the GENECIS program. All written communication, including email and text messages, from January 2021 to the present sent between executives at CMC and either UT Southwestern or the Executive Branch of the State of Texas related to GENECIS program or gender- affirming endocrine Vegat privil Any written notice to physicians at CMC regarding any limitation on provi gender-affirming endocrine care. In support of this Temporary Restraining Order, the Court finds that a bond in the amount of $_726-0© must be paid by the Plaintiff to secure the order. ‘The hearing on Plaintiff's request for a Temporary Injunction shall take place before this Court on5/2¢ 2022 at 1746 amigm> It is so Ordered. Signed May J2, 2022 at Jf: 5am Presiding Judge of County Court at Law No. 2 Dallas County, Texas ‘ORDER GRANTING PLAINTIFF'S APPLICATION FOR TRO AND EXPEDITED DISCOVERY Page-3 care. except these that are cavered ay @ recognized fod