| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/04/2018 | Motion for Extension of Time to File Response disposed | Filing granted |
Second Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus is granted. Further requests for extensions of time for this filing will not be considered. Response is due January 4, 2019.
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| 12/04/2018 | Motion for Extension of Time to File Response | |
Second Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Electric Reliability Council of Texas, Inc (“ERCOT”).
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| 11/02/2020 | Supplemental Brief filed | |
Supplemental Brief filed on behalf of Panda Power Infrastructure Fund, LLC, et al.
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| 11/02/2020 | Supplemental Brief filed | |
Real Party in Interest's Supplemental Brief regarding Jurisdiction filed on behalf of Electric Reliability Council of Texas, Inc. (ERCOT).
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| 11/02/2018 | Motion for Extension of Time to File Response disposed | Filing granted |
Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due December 5, 2018.
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| 11/02/2018 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Electric Reliability Council of Texas, Inc (“ERCOT”).
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| 10/28/2019 | Response to Amicus Curiae Brief filed | |
Response to Amicus Curiae Brief of the Public Utility Commission of Texas filed on behalf of Panda Power Infrastructure Fund, LLC, et al.
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| 10/16/2020 | Supreme Court requests parties to file additonal briefs | |
Supplemental brief requested addresssing 1. Does the trial court’s final judgment and the appeal from that judgment pending in the Fifth Court of Appeals, Case No. 05-18-00611-CV, render this proceeding moot or otherwise deprive this Court of jurisdiction over this proceeding? Does the answer to this question depend on whether ERCOT qualifies as a “governmental unit” entitled to an interlocutory appeal or on the conditional nature of ERCOT’s petition for review?
2. Assuming ERCOT does not qualify as a governmental unit and was not entitled to an interlocutory appeal, does the appeal pending in the Fifth Court of Appeals, Case No. 05-18-00611-CV, establish that there is an adequate remedy by appeal rendering mandamus relief in this case inappropriate?
Supplemental briefs due no later than 5:00 p.m., November 2, 2020.
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| 10/05/2020 | Post submission brief filed | |
Response to ERCOT's Post Submission Letter filed on behalf of Panda Power Infrastructure Fund, LLC, et al.
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| 10/05/2018 | Supreme Court of Texas Requested Response | |
Requested response to petition for writ of mandamus due no later than November 5, 2018.
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| 09/30/2019 | Amicus Curiae Brief received | |
Amicus Curiae Brief of the Public Utility Commission of Texas submitted by John Hulme of the Texas Attorney General's Office in Austin, Texas.
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| 09/28/2020 | Letter Filed | |
Relator's letter to Court of their intention to file a response to ERCOT's letter brief dated September 28, 2020 no later than October 5, 2020, filed on behalf of Panda Power Infrastructure Fund, et al.
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| 09/28/2020 | Letter Filed | |
Post-Submission Letter filed on behalf of Electric Reliability Council of Texas, Inc.
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| 09/28/2018 | Notice received | |
Notice of recently-filed related petition for review 18-0781 filed on behalf of Panda.
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| 09/15/2020 | Oral 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
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| 09/14/2020 | Exhibits in case/cause filed | |
Real Party in Interest Oral Argument Exhibit filed on behalf of Electric Reliability Council of Texas, Inc. (ERCOT).
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| 09/11/2020 | Letter Filed | |
Letter Reply filed on behalf of Beal Bank USA, et al.
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| 09/11/2020 | Letter brief | |
Letter Brief in Response to Electric Reliability Council of Texas, Inc.'s (ERCOT's) Letter Brief filed on behalf of Panda Power Generation Infrastructure Fund, et al.
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| 09/10/2020 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Texas Industrial Energy Consumers submitted by Katherine Coleman of Thompson & Knight , LLP of Austin.
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| 09/10/2020 | Response to Amicus Curiae Brief filed | |
Response to Amicus Brief of Beal Bank USA, et al. filed on behalf of Electric Reliability Council of Texas, Inc.
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| 09/08/2020 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Beal Bank USA, et al. submitted by Jeffrey Levinger of Levinger, PC in Dallas.
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| 09/08/2020 | Call received | |
Call received regarding amicus filing.
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| 09/05/2019 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Panda Power Infrastructure Fund.
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| 09/04/2020 | Letter Filed | |
Letter filed regarding oral argument order and time allocation.
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| 09/04/2020 | Submission Schedule | |
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| 09/04/2018 | Case forwarded to Court | |
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| 09/01/2020 | Letter brief | |
Letter Brief in Response to Panda Power Generation Infrastructure Fund's Letter Brief filed on behalf of Electric Reliability Council of Texas, Inc. (ERCOT).
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| 08/31/2020 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form submitted on behalf of the Public Utility Commission of Texas. Argument will be presented by Bill Davis of the Attorney General's Office in Austin, Texas.
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| 08/31/2018 | Motion to file document(s) sealed by the Court disposed. | Filing granted |
Unopposed Motion to Seal Portions of the Mandamus Record granted
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| 08/28/2020 | Motion to Argue disposed | Filing granted |
Unopposed Motion of Amicus Curiae PUC to Participate in Oral Argument granted. Time allotted to argue: 15/20/5 minutes
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| 08/27/2018 | Sealed document filed in case | |
SEALED DOCUMENT: Sealed Mandamus Record filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 08/24/2018 | Motion to file document(s) sealed by the Court filed | |
Unopposed Motion to Seal Portions of the Mandamus Record filed on behalf of Panda Power Generation Infrastructure Fund, LLC.
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| 08/24/2018 | Petition for Writ of Mandamus filed | |
Petition for Writ of Mandamus filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 08/24/2018 | Case Record Filed | |
Mandamus Record (19 vol.) filed on behalf of Panda Power Infrastructure Fund, LLC.
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| 08/14/2020 | Letter 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."
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| 08/13/2019 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Reply Brief granted. Reply Brief due September 5, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 08/13/2019 | Motion to Extend Time to File Reply filed | |
Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 08/07/2019 | Brief on the Merits | |
Real Party in Interest's Response Brief on the Merits filed on behalf of Electric Reliability Council of Texas, Inc.
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| 08/05/2020 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form submitted on behalf of Electronic Reliability Counsel of Texas, Inc (ERCOT). Oral Argument will be presented by Wallace B. Jefferson of Alexander Dubose & Jefferson LLP of Austin, Texas.
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| 08/03/2020 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form submitted on behalf of Relator, Panda Power Generation Infrastructure Fund, LLC, et al. Oral Argument will be presented by Ben Mesches of Haynes & Boone, LLP of Dallas, Texas.
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| 07/24/2020 | Motion to Argue filed | |
Motion for Amicus Curiae to participate in oral argument filed on behalf of the Public Utility Commission fo Texas.
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| 07/24/2020 | Notice of Appearance | |
Notice of Designation of Additional Counsel filed on behalf of The Public Utility Commission of Texas.
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| 07/02/2019 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Real Party in Interest's Brief on the Merits granted. Brief due August 7, 2019. Reply brief due August 22. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
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| 07/02/2019 | Motion for Extension of Time to File Brief filed | |
Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Electric Reliability Council of Texas, Inc.
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| 06/26/2020 | Case set for oral argument | Case set for oral argument |
Consolidated for oral argument with 18-0781. This cause has been set for oral argument at 9:00 a.m., September 15, 2020. Time allotted to argue: 20/20 minutes
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| 06/05/2020 | Supreme Court of Texas Orders Issued | |
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| 06/05/2020 | Mandamus Set to Argue | |
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| 06/05/2020 | Petition for Writ of Mandamus disposed | Case set for oral argument |
Consolidated Oral Argument with Cause No. 18-0781. The date and time for oral argument are yet to be determined.
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| 05/29/2020 | Letter brief | |
Letter Brief filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 05/28/2019 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Real Party in Interest's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Real Party in Interest's Brief is due on July 8, 2019. Reply Brief is due on July 23, 2019.
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| 05/28/2019 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Electric Reliability Council of Texas, Inc.
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| 05/25/2021 | Case Stored | |
e-stored
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| 05/17/2019 | Brief on the Merits | |
Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 04/22/2021 | Certified cys of cost bill sent to attys of record | |
Cost Bill Issued
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| 04/11/2019 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Relator's Brief on the Merits granted. No further extensions of time will be considered. Relator's brief is due no later than May 17, 2019; Real Party in Interest's brief is due June 6, 2019; and Reply brief is due June 21, 2019.
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| 04/11/2019 | Motion for Extension of Time to File Brief filed | |
Second Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of Panda Power Infrastructure.
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| 03/19/2021 | Dissenting opinion issued. | Issued |
Justice Guzman delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
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| 03/19/2021 | Dissenting opinion issued. | Issued |
Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Lehrmann, and Justice Devine joined.
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| 03/19/2021 | Concurring Opinion issued. | Issued |
Justice Blacklock delivered a concurring opinion.
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| 03/19/2021 | Opinion issued | Dismissed 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 3:14:54 PM) 180781d2.pdf, 180781c.pdf, 180781.pdf, 180781d.pdf
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| 03/12/2021 | Call received | |
Call received from counsel for Harris County regarding correction to counsel listed.
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| 03/10/2021 | Amicus Curiae Brief received | |
Amici Curiae Brief of Travis, Hidalgo, and Fort Bend counties received.
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| 03/09/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Harris County submitted by Christian Menfee of the Harris County Attorney's Office in Houston, Texas.
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| 03/09/2020 | Letter Filed | |
Letter regarding abatement in the Court of Appeals filed on behalf of Panda Power Infrastructure Fund, LLC, et al.
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| 03/06/2019 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Relators' Brief on the Merits is granted. Relators' brief is due April 17, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Real party in interest's brief is due May 7, 2019; Reply brief is due May 22, 2019.
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| 03/06/2019 | Motion for Extension of Time to File Brief filed | |
Motion for Extension of Time to file Relators' Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
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| 02/15/2019 | Brief on the Merits Ordered | |
Brief on the merits requested: Relator's brief due no later than March 18, 2019; Response brief due April 8, 2019; Reply brief due April 23, 2019.
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| 01/28/2020 | Letter Filed | |
Letter filed on behalf of Electric Reliability Council of Texas, Inc. (ERCOT)
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| 01/28/2019 | Reply to Petition for Writ of Mandamus | |
Reply in Support of Petition for Writ of Mandamus filed on behalf of Panda Power Infrastructure Fund, LLC.
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| 01/10/2019 | Letter Filed | |
Letter informing the Court that a reply to the petition will be filed on behalf of Panda Power Infrastructure Fund, LLC.
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| 01/10/2019 | Call received | |
Call received from relator's counsel inquiring whether a motion for extension of time is required for a reply to mandamus. A motion is not required and a letter of intent to file reply will suffice.
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| 01/04/2019 | Response to Petition for Writ of Mandamus Filed | |
Response to Petition for Writ of Mandamus filed on behalf of Electric Reliability Council of Texas, Inc ("ERCOT").
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