Supreme Court

Case: 18-0781    
18-0781
08/21/2018
Petition for Review/Cause under Rule 53.1
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. 
PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/09/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Travis, Hidalgo, and Fort Bend Counties submitted by Andrew Williams of the Travis County Attorney's Office in Austin, Texas.
10/05/2020Post submission brief filedRespondent Response to ERCOT's Post Submission Letter filed on behalf of Panda Power Generation Infrastructure Fund LLC, et al.
09/14/2020Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Exhibits filed on behalf of Electric Reliability Council of Texas.
09/11/2020Reply to Amicus Curiae BriefAmicus Curiae Reply to Response to Amicus Brief filed on behalf of Beal Bank USA, et al.
09/10/2020Response to Amicus Curiae Brief filedPetitioner Response to Beal Bank USA, et al. filed on behalf of Electric Reliability Council of Texas.
09/08/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Beal Bank USA, et al. submitted by Jeffrey Levinger of Levinger, PC in Dallas.
10/16/2019Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
08/01/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
07/05/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
02/11/2019Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
11/26/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
09/24/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Electric Liability Council of Texas, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/04/2018MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Further requests for extensions of time for this filing will be disfavored. Reply is due January 10, 2019.
12/04/2018Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
11/26/2018Response to Petition  Response to Petition for Review filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
10/17/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on November 26, 2018.
10/17/2018Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
10/16/2019Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
10/05/2020Post submission brief filed  Response to ERCOT's Post Submission Letter filed on behalf of Panda Power Generation Infrastructure Fund LLC, et al.
09/28/2020Letter Filed  Letter in Response to ERCOT's Post-Submission Letter filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
09/28/2020Letter Filed  Post-Submission Letter filed on behalf of Electric Reliability Council of Texas.
09/24/2018Petition for Review  Petition for Review filed on behalf of Electric Liability Council of Texas, Inc.
09/15/2020Oral argument   Argued on behalf of Petitioner/Real Party in Interest by Wallace B. Jefferson; Argued on behalf of Respondents/Relators by Ben L. Mesches; Argued on behalf of Amicus Curiae, Public Utility Commission, by Bill Davis
09/14/2020Exhibits in case/cause filed  Petitioner's Oral Argument Exhibits filed on behalf of Electric Reliability Council of Texas.
09/13/2019Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits granted.  No further extensions of time will be considered.  Reply brief is due no later than October 16, 2019.
09/13/2019Call received  Call received regarding status of second motion for extension of time to file reply brief on the merits.
09/11/2020Reply to Amicus Curiae Brief  Reply to Response to Amicus Brief filed on behalf of Beal Bank USA, et al.
09/10/2020Response to Amicus Curiae Brief filed  Response to Beal Bank USA, et al. filed on behalf of Electric Reliability Council of Texas.
09/09/2019Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
09/08/2020Amicus Curiae Brief received  Amicus Curiae Brief of Beal Bank USA, et al. submitted by Jeffrey Levinger of Levinger, PC in Dallas.
09/08/2020Call received  Call received regarding amicus filing.
09/04/2020Letter Filed  Letter regarding Oral Argument filed on behalf of Electric Reliability Council of Texas, et al.
09/04/2020Submission Schedule 
08/28/2020Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Unopposed Motion of Amicus Curiae PUC to Participate in Oral Argument dismissed as moot
08/24/2021Case Stored  e-stored
08/21/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than September 24, 2018.
08/21/2018Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Electric Liability Council of Texas, Inc.
08/21/2018Clerk's Record 
08/21/2018Clerk's Record 
08/21/2018Court reporter/recorder's record 
08/21/2018Clerk's Record 
08/21/2018Court reporter/recorder's record 
08/15/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits granted. Petitioner's Reply Brief due September 16, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/15/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
08/14/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating, " The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, September 15, 2020. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
08/05/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of  Electric Reliability Council of Texas. Oral Argument will be presented by Wallace B. Jefferson of Alexander Dubose & Jefferson LLP of Austin, Texas.
08/03/2020Oral Argument Submission Form from Attorney received  Oral Argument submission form received from Panda Power Generation Infrastructure Fund, LLC. Argument will be presented by Ben L. Mesches of Haynes & Boone, LLP in Dallas.
08/01/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
07/24/2020Motion to Argue filed  Motion for Amicus Curiae to participate in Oral Argument filed on behalf of Public Utility Commission of Texas.
07/24/2020Notice of Appearance  Notice of Designation of Additional Counsel filed on behalf of the Public Utility Commission of Texas.
07/18/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Response Brief due August 1, 2019. Reply Brief due August 16. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/18/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
07/05/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
06/26/2020Case set for oral argumentCase set for oral argument Consolidated for oral argument with 18-0792. This cause has been set for oral argument at 9:00 a.m., September 15, 2020.  Time allotted to argue:  20/20 minutes
06/05/2020Supreme Court of Texas Orders Issued 
06/05/2020Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
06/05/2020Petition for Review granted 
05/28/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due July 5, 2019. Respondent's Brief due July 25. Reply Brief due Aug. 9. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
05/28/2019Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
05/02/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits due June 5, 2019. Respondent's Brief due June 25. Petitioner's Reply due July 10. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/02/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
04/22/2021Certified cys of cost bill sent to attys of record  Cost Bill Issued
04/05/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than May 6, 2019; Response brief due May 28, 2019; Reply brief due June 12, 2019.
03/19/2021Dissenting opinion issued.Issued Justice Guzman delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
03/19/2021Dissenting opinion issued.Issued Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Lehrmann, and Justice Devine joined.
03/19/2021Concurring Opinion issued.Issued Justice Blacklock delivered a concurring opinion.
03/19/2021Opinion issuedDismissed for Want of Jurisdiction The Court dismisses both the petition for writ of mandamus and the petition for review for want of jurisdiction. Justice Boyd delivered the opinion of the Court, in which Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined.
(3/19/2021 1:47:29 PM) 180781d2.pdf, 180781d.pdf, 180781c.pdf, 180781.pdf
03/09/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Travis, Hidalgo, and Fort Bend Counties submitted by Andrew Williams of the Travis County Attorney's Office in Austin, Texas.
03/09/2020Letter Filed  Letter filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
02/12/2019Case forwarded to Court 
02/11/2019Reply to Response  Reply in Support of Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
01/28/2020Letter Filed  Letter regarding related proceedings filed on behalf of Electric Reliability Council of Texas.
01/07/2019MET to file reply disposed ofFiling granted Second Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply is due February 11, 2019.
01/07/2019Motion to Extend Time to File Reply filed  Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/24/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Travis CountyAmicus CuriaeMs. Sherine Elizabeth Thomas
Ms. Sharon Kay Talley
Mr. Andrew M. Williams
Ms. Delia Garza
Panda Power Generation Infrastructure Fund, LLC D/B/A Panda Power Funds, et alRespondentMr. Andrew W. Guthrie
Ms. Leslie Conant Thorne
Mr. Ben L. Mesches
Mr. Roger D. Sanders
Mr. David Merryman
Mr. Christopher Knight
Mr. Werner A. Powers
Electric Reliability Council of TexasPetitionerMr. Nathan Myrick Bigbee
Mr. Nicholas Bacarisse
Ms. Rachel A. Ekery  
Mr. J. Hampton Skelton
Ms. Erika M. Kane
Mr. Chad Vann Seely
Mr. Brandon Duane Gleason
Mr. Wallace B. Jefferson  
Public Utility Commission of TexasAmicus CuriaeMr. Jeffrey C. Mateer
Mr. Ryan L. Bangert
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Bill Davis
Mr. Kyle D. Hawkins
Mr. John R. Hulme
Fort Bend CountyAmicus CuriaeJustin Pfeiffer
Beal Bank, a Texas State Savings BankAmicus CuriaeMr. Robert Ackermann
Mr. Jeffrey S. Levinger
Mr. Joseph Cecere
Beal Bank USA, a Nevada ThriftAmicus CuriaeMr. Jeffrey S. Levinger
Mr. Robert Ackermann
Mr. Joseph Cecere
Hidalgo CountyAmicus CuriaeMr. Ricardo Rodriguez Jr.
Victor Manuel Garza
Ms. Josephine Louise Ramirez
Court of Appeals Information:
Dismiss WOJ 
552 SW3d 297, 04-16-18 
5th Court of Appeals 
Honorable Douglas S. Lang 
Trial Court Information
15th District Court 
Grayson 
Honorable James Patrick Fallon 
CV-16-0401