Supreme Court of Texas Blog

No. 22-0196
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ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. v. PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS; PANDA SHERMAN POWER HOLDINGS, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS I, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS II, LLC; PANDA SHERMAN POWER, LLC; PANDA TEMPLE POWER HOLDINGS, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS I, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS II, LLC; PANDA TEMPLE POWER, LLC; PANDA TEMPLE POWER II HOLDINGS, LLC; PANDA TEMPLE POWER II INTERMEDIATE HOLDINGS I, LLC; ET AL.

Oral argument was held on January 9, 2023. The Court issued an opinion resolving the case on June 23, 2023. File Closed

No Opinions

The Court has not issued any opinions in this case.

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:05-18-00611-CV
Opinion Author:Honorable Erin A. Nowell

Trial Court

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

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-08-04 Mandate issued  
2023-06-23 Court approved judgment sent to attorneys of record Issued
2023-06-23 Opinion issued   Court of Appeals' judgment reversed and dismissed
2023-06-23 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between January 9, 2023 and June 23, 2023.  
2023-01-09 Oral argument  
2023-01-06 Submission Schedule
2023-01-06 Amicus Curiae Letter Received  
2023-01-06 Amicus Curiae Brief received  
2023-01-06 Exhibits in case/cause filed (Petitioner)  
2023-01-06 Response to Amicus Curiae Brief filed (Petitioner)  
2022-12-30 Miscellaneous motion disposed. See Remarks.   Filing granted
2022-12-21 Oral Argument Submission Form from Attorney received  
2022-12-21 Call received  
2022-12-20 Oral Argument Submission Form from Attorney received  
2022-12-20 Oral Argument Submission Form from Attorney received  
2022-12-20 Amicus Curiae Brief received  
2022-12-20 Miscellaneous Motion Received  
2022-12-14 Amicus Curiae Brief received  
2022-11-15 Reply Brief (Petitioner)  
2022-10-31 Brief on the Merits (Respondent)  
2022-10-07 Motion for Extension of Time disposed.   Filing granted
2022-10-07 Motion for Extension of Time to File Brief filed  
2022-10-03 Brief on the Merits (Petitioner)  
2022-09-02 Petition for Review disposed Filing granted
2022-09-02 Brief on the Merits Requested  
2022-09-02 Petition for Review granted
2022-09-02 Case set for oral argument   Case set for oral argument
2022-08-15 Reply to Response to Petition filed (Petitioner)  
2022-07-21 Motion to Extend Time to File Reply filed  
2022-07-21 MET to file reply disposed of   Filing granted
2022-07-12 Case forwarded to Court
2022-07-11 Response to Petition (Respondent)  
2022-06-10 Petition for Review (Petitioner)  
2022-05-04 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-05-03 Second Motion for Extension of Time to File Petition for Review filed  
2022-05-03 Electronic communication sent to Party  
2022-04-04 Motion for Extension of Time to File Petition for Review filed  
2022-04-04 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-03-21 Miscellaneous motion disposed. See Remarks.   Denied
2022-03-18 Reply to Response to Motion  
2022-03-16 Response to Motion filed  
2022-03-11 Court reporter/recorder's record
2022-03-11 Electronic communication sent to Party  
2022-03-11 Clerk's Record
2022-03-11 Miscellaneous Motion  

Parties

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

Amici Curiae

Amicus Curiae Counsel
Texas Industrial Energy Consumers
Mr. Phillip Glynn Oldham
Mr. Michael A. McMillin
Ms. Katherine Coleman
Mr. John Hubbard
Abbott, Greg
Mr. James Sullivan
National Association of Subrogation Professionals
George McMullin Jr.
Hobart Hind
Public Utility Commission of Texas
Warren Kenneth Paxton
Mr. Judd E. Stone II
Mr. Brent Webster
Mr. Bill Davis
Mr. Kyle Highful
...
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