Order entered July 28, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00870-CV
IN RE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC., Relator
Original Proceeding from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. CV-16-0401
ORDER
Before Justices Lang, Evans, and Stoddart
Before the Court is relator’s July 24, 2017 petition for writ of mandamus in which relator
complains of the trial court’s orders denying relator’s pleas to the jurisdiction. Also pending in
this Court is relator’s interlocutory appeal of the same orders. The interlocutory appeal is
docketed as Cause No. 05-17-00872-CV, Electric Reliability Council of Texas, Inc. v. Panda
Power Generation Infrastructure Fund, LLC d/b/a Panda Power Funds, et al.
After reviewing the petition for writ of mandamus and the documents on file in this
original proceeding and in cause number 05-17-00872-CV, we have determined that this original
proceeding should be consolidated into the interlocutory appeal and determined with the
interlocutory appeal. We defer to the submissions panel to address each issue presented under
the applicable standards.
Accordingly, on the Court’s own motion, we ORDER cause number 05-17-00870-CV
CONSOLIDATED into cause number 05-17-00872-CV. We DIRECT the Clerk of Court to
remove all documents from cause number 05-17-00870-CV and refile them in cause number 05-
17-00872-CV and to treat cause number 05-17-00870-CV as a closed case. We ORDER that all
future pleadings be filed in and bear only cause number 05-17-00872-CV.
This consolidation order does not alter any pending deadlines in cause number 05-17-
00872-CV. The clerk’s record, reporter’s record, and the parties’ briefs will be due in
accordance with the rules of appellate procedure applicable to accelerated appeals. See TEX. R.
APP. P. 35.1, 38.6. Appellant and appellees should each file a consolidated brief addressing all
issues related to the interlocutory appeal and the original proceeding. Appellant may file a reply
brief as permitted by the rules of appellate procedure.
/s/ DOUGLAS S. LANG
PRESIDING JUSTICE