Supreme Court of Texas Blog

No. 18-0781
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ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. v. PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS, ET AL.

Oral argument was held on September 15, 2020. The Court issued an opinion resolving the case on March 19, 2021. File Closed

Opinions

March 19, 2021

Boyd
Blacklock
Busby
Bland
Huddle

Justice Boyd delivered the opinion of the Court, in which Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined. PDF

Guzman
Lehrmann
Devine

Justice Guzman delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined. PDF

Hecht
Guzman
Lehrmann
Devine

Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Lehrmann, and Justice Devine joined. PDF

Blacklock

Justice Blacklock delivered a concurring opinion. PDF

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Dismiss WOJ
COA Docket No.:05-17-00872-CV
Opinion Author:Honorable Douglas S. Lang

Trial Court

Trial Court:15th District Court
County:Grayson
Trial Judge:Honorable James Patrick Fallon
Trial Docket:CV-16-0401

Docket Entries

Date Event Outcome  
2021-04-22 Certified cys of cost bill sent to attys of record  
2021-03-19 Opinion issued   Dismissed for Want of Jurisdiction
2021-03-19 Dissenting opinion issued.   Issued
2021-03-19 Dissenting opinion issued.   Issued
2021-03-19 Concurring Opinion issued.   Issued
2021-03-09 Amicus Curiae Letter Received  
  This case was awaiting the Court's decision after oral argument between October 5, 2020 and March 9, 2021.  
2020-10-05 Post submission brief filed (Respondent)  
2020-09-28 Letter Filed  
2020-09-28 Letter Filed  
2020-09-15 Oral argument  
2020-09-14 Exhibits in case/cause filed (Petitioner)  
2020-09-11 Reply to Amicus Curiae Brief (Amicus Curiae)  
2020-09-10 Response to Amicus Curiae Brief filed (Petitioner)  
2020-09-08 Call received  
2020-09-08 Amicus Curiae Brief received  
2020-09-04 Submission Schedule
2020-09-04 Letter Filed  
2020-08-28 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2020-08-14 Letter sent to parties from Supreme Court - See Remarks  
2020-08-05 Oral Argument Submission Form from Attorney received  
2020-08-03 Oral Argument Submission Form from Attorney received  
2020-07-24 Motion to Argue filed  
2020-07-24 Notice of Appearance  
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-05 Supreme Court of Texas Orders Issued
2020-06-05 Petition for Review disposed   Filing granted
2020-06-05 Petition for Review granted
  This case was pending on merits briefs between March 9, 2020 and June 5, 2020.  
2020-03-09 Letter Filed  
2020-01-28 Letter Filed  
  This case was pending on merits briefs between October 16, 2019 and January 28, 2020.  
2019-10-16 Reply Brief (Petitioner)  
2019-09-13 Call received  
2019-09-13 Motion for Extension of Time disposed.   Filing granted
2019-09-09 Motion for Extension of Time to File Brief filed  
2019-08-15 Motion for Extension of Time disposed.   Filing granted
2019-08-15 Motion for Extension of Time to File Brief filed  
2019-08-01 Brief on the Merits (Respondent)  
2019-07-18 Motion for Extension of Time disposed.   Filing granted
2019-07-18 Motion for Extension of Time to File Brief filed  
2019-07-05 Brief on the Merits (Petitioner)  
2019-05-28 Motion for Extension of Time to File Brief filed  
2019-05-28 Motion for Extension of Time disposed.   Filing granted
2019-05-02 Motion for Extension of Time disposed.   Filing granted
2019-05-02 Motion for Extension of Time to File Brief filed  
2019-04-05 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between February 12, 2019 and April 5, 2019.  
2019-02-12 Case forwarded to Court
2019-02-11 Reply to Response (Petitioner)  
2019-01-07 Motion to Extend Time to File Reply filed  
2019-01-07 MET to file reply disposed of   Filing granted
2018-12-04 MET to file reply disposed of   Filing granted
2018-12-04 Motion to Extend Time to File Reply filed  
2018-11-26 Response to Petition (Respondent)  
2018-10-17 Motion for Extension of Time to File Response disposed   Filing granted
2018-10-17 Motion for Extension of Time to File Response  
2018-09-24 Petition for Review (Petitioner)  
2018-08-21 Court reporter/recorder's record
2018-08-21 Court reporter/recorder's record
2018-08-21 Clerk's Record
2018-08-21 Motion for Extension of Time to File Petition for Review filed  
2018-08-21 Clerk's Record
2018-08-21 Clerk's Record
2018-08-21 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Electric Reliability Council of Texas
Mr. Nathan Myrick Bigbee
Mr. Nicholas B. Bacarisse
Mr. J. Hampton Skelton
Ms. Erika M. Kane
Mr. Chad Vann Seely
Mr. Brandon Duane Gleason
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
Petitioner
Panda Power Generation Infrastructure Fund, LLC D/B/A Panda Power Funds, et al
Mr. Andrew W. Guthrie
Ms. Leslie Conant Thorne
Mr. Ben L. Mesches
Mr. Roger D. Sanders
Mr. David Merryman
Mr. Werner A. Powers
Mr. Christopher Knight
Respondent

Amici Curiae

Amicus Curiae Counsel
Hidalgo County
Ms. Josephine Louise Ramirez
Victor Manuel Garza
Mr. Ricardo Rodriguez Jr.
Fort Bend County
Justin Pfeiffer
Travis County
Ms. Delia Garza
Mr. Andrew M. Williams
Ms. Sharon Kay Talley
Ms. Sherine Elizabeth Thomas
Beal Bank USA, a Nevada Thrift
Mr. Joseph Cecere
Mr. Robert Ackermann
Mr. Jeffrey S. Levinger
Beal Bank, a Texas State Savings Bank
Mr. Joseph Cecere
Mr. Jeffrey S. Levinger
Mr. Robert Ackermann
Public Utility Commission of Texas
Mr. John R. Hulme
Mr. Kyle D. Hawkins
Mr. Bill Davis
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Ryan Lee Bangert
Mr. Jeffrey C. Mateer
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