GH America v. Fohn
| GH America Energy, L.L.C. |
| Douglas Fohn, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Holly Heinrich, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Pablo Vegas, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Paul Foster, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Bill Flores, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Carlos Aguilar, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Linda Capuano, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Julie England, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Robert Flexon, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT"), Peggy Heeg, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") and John Swainson, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") |
| Ken Paxton, Attorney General, State of Texas |
| 25-50879 |
| October 27, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Document Text |
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| Filing 56 APPELLEE'S BRIEF FILED by Mr. Pablo Vegas, Mr. Paul Foster, Mr. Bill Flores, Mr. Carlos Aguilar, Ms. Linda Capuano, Ms. Julie England, Mr. Robert Flexon, Ms. Peggy Heeg, Mr. Douglas Fohn, Ms. Holly Heinrich and Mr. John Swainson. Date of service: 04/24/2026 via email - Attorney for Appellees: Bacarisse, Bryant, Clark, Greene, Isenhower, Jefferson, Klusmann, Patel, Ramer, Thompson; Attorney for Appellants: Koslowe, Ness [25-50879] (Wallace B. Jefferson ) [Entered: 04/24/2026 05:47 PM] |
| Filing 55 APPELLEE'S BRIEF FILED by Mr. Ken Paxton, Attorney General, State of Texas. Date of service: 04/24/2026 via email - Attorney for Appellees: Bacarisse, Bryant, Clark, Greene, Isenhower, Jefferson, Klusmann, Patel, Ramer, Thompson; Attorney for Appellants: Koslowe, Ness [25-50879] (Beth Ellen Klusmann ) [Entered: 04/24/2026 02:53 PM] |
| Filing 54 EXTENSION RECEIVED for Appellees Mr. Carlos Aguilar, Ms. Linda Capuano, Ms. Julie England, Mr. Robert Flexon, Mr. Bill Flores, Mr. Douglas Fohn, Mr. Paul Foster, Ms. Peggy Heeg, Ms. Holly Heinrich, Mr. John Swainson and Mr. Pablo Vegas. Extension Granted to and including 04/24/2026. E/Res's Brief deadline updated to 04/24/2026 for Appellees Carlos Aguilar, Linda Capuano, Julie England, Robert Flexon, Bill Flores, Douglas Fohn, Paul Foster, Peggy Heeg, Holly Heinrich, John Swainson and Pablo Vegas [25-50879] (RLJ) [Entered: 03/17/2026 10:36 AM] |
| Filing 53 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Mr. Carlos Aguilar, Ms. Linda Capuano, Ms. Julie England, Mr. Robert Flexon, Mr. Bill Flores, Mr. Douglas Fohn, Mr. Paul Foster, Ms. Peggy Heeg, Ms. Holly Heinrich, Mr. John Swainson and Mr. Pablo Vegas for filing Appellees' Brief until 04/24/2026 [25-50879] (Elliot Clark ) [Entered: 03/17/2026 09:15 AM] |
| Filing 52 EXTENSION RECEIVED for Appellee Mr. Ken Paxton, Attorney General, State of Texas. Extension Granted to and including 04/24/2026. E/Res's Brief deadline updated to 04/24/2026 for Appellee Ken Paxton, Attorney General, State of Texas [25-50879] (RLJ) [Entered: 03/16/2026 08:27 AM] |
| Filing 51 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Mr. Ken Paxton, Attorney General, State of Texas for filing Appellee's Brief until 04/24/2026 [25-50879] (Beth Ellen Klusmann ) [Entered: 03/13/2026 03:49 PM] |
| Filing 50 APPEARANCE FORM FILED by Attorney Eliyahu Ness for Appellant GH America Energy, L.L.C. in 25-50879 [25-50879] (RSM) [Entered: 02/25/2026 08:17 AM] |
| Filing 49 CLERK ORDER granting Motion to extend time to file appellant's brief filed by Appellant GH America Energy, L.L.C. [ # 42 ] A/Pet's Brief deadline updated to 02/24/2026 for Appellant GH America Energy, L.L.C.; granting Motion to file brief out of time filed by Appellant GH America Energy, L.L.C. [ # 42 ] [25-50879] (RLJ) [Entered: 02/24/2026 09:01 AM] |
| Filing 46 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 03/25/2026 for Appellees Carlos Aguilar, Linda Capuano, Julie England, Robert Flexon, Bill Flores, Douglas Fohn, Paul Foster, Peggy Heeg, Holly Heinrich, Ken Paxton, Attorney General, State of Texas, John Swainson and Pablo Vegas [25-50879] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by GH America Energy, L.L.C.. Date of service: 02/23/2026 via email - Attorney for Appellees: Bacarisse, Bryant, Clark, Greene, Isenhower, Jefferson, Klusmann, Patel, Ramer, Thompson; Attorney for Appellants: Koslowe, Ness [25-50879] (Eliyahu Ness ) [Entered: 02/23/2026 10:48 AM] |
| Filing 45 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-50879] (Eliyahu Ness ) [Entered: 02/23/2026 10:46 AM] |
| Filing 43 RECORD EXCERPTS FILED. # of Copies Provided: 0 [25-50879] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant GH America Energy, L.L.C.. Date of service: 02/23/2026 via email - Attorney for Appellees: Bacarisse, Bryant, Clark, Greene, Isenhower, Jefferson, Klusmann, Patel, Ramer, Thompson; Attorney for Appellants: Koslowe, Ness [25-50879] (Eliyahu Ness ) [Entered: 02/23/2026 10:19 AM] |
| Filing 42 UNOPPOSED MOTION filed by Appellant GH America Energy, L.L.C. to extend time to file brief as appellant until 02/23/2026 [42], for leave to file brief out of time [42] - Brief Tendered? No. Date of service: 02/23/2026 [25-50879] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellant GH America Energy, L.L.C. to extend time to file brief as appellant [42]. Date of service: 02/23/2026 via email - Attorney for Appellees: Bacarisse, Bryant, Clark, Greene, Isenhower, Jefferson, Klusmann, Patel, Ramer, Thompson; Attorney for Appellant: Ness [25-50879] (Eliyahu Ness ) [Entered: 02/23/2026 10:17 AM] |
| Filing 40 APPEARANCE FORM FILED by Attorney(s) Monroe David Bryant Jr. for party(s) Appellee Ken Paxton, Attorney General, State of Texas, in case 25-50879 [25-50879] (RSM) [Entered: 01/27/2026 03:14 PM] |
| Filing 39 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (Monroe David Bryant Jr.) [Entered: 01/26/2026 05:14 PM] |
| Filing 38 EXTENSION RECEIVED for Appellant GH America Energy, L.L.C.. Extension Granted to and including 02/20/2026. A/Pet's Brief deadline updated to 02/20/2026 for Appellant GH America Energy, L.L.C. [25-50879] (RLJ) [Entered: 01/06/2026 12:12 PM] |
| Filing 37 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant GH America Energy, L.L.C. for filing BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/21/2026 for Appellant GH America Energy, L.L.C.. [25-50879] (DDL) until 02/23/2026 [25-50879] (Eliyahu Ness ) [Entered: 01/06/2026 11:18 AM] |
| Filing 36 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/21/2026 for Appellant GH America Energy, L.L.C.. [25-50879] (DDL) [Entered: 12/12/2025 01:32 PM] |
| Filing 35 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [25-50879] (DDL) [Entered: 12/12/2025 01:31 PM] |
| Filing 33 APPEARANCE FORM FILED by Attorney(s) John Ramer for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (IAC) [Entered: 11/18/2025 02:51 PM] |
| Filing 32 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (John Ramer ) [Entered: 11/17/2025 10:44 AM] |
| Filing 30 APPEARANCE FORM FILED by Attorney(s) David H. Thompson for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (JAK) [Entered: 11/17/2025 08:37 AM] |
| Filing 29 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 1:24-CV-648. Electronic ROA due on 11/26/2025. [25-50879] (JJF) [Entered: 11/11/2025 09:25 AM] |
| Filing 28 TRANSCRIPT ORDER received from Appellant GH America Energy, L.L.C. advising transcript unnecessary as it is already filed. Transcript Order ddl satisfied [25-50879] (JJF) [Entered: 11/11/2025 09:22 AM] |
| Filing 27 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (David H. Thompson ) [Entered: 11/10/2025 04:24 PM] |
| Filing 25 APPEARANCE FORM FILED by Attorney(s) Nicholas Barrows Bacarisse for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (NMF) [Entered: 11/05/2025 03:55 PM] |
| Filing 23 APPEARANCE FORM FILED by Attorney(s) Wallace B. Jefferson for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (NMF) [Entered: 11/05/2025 03:43 PM] |
| Filing 22 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (Nicholas Barrows Bacarisse ) [Entered: 11/04/2025 04:26 PM] |
| Filing 21 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (Wallace B. Jefferson ) [Entered: 11/04/2025 04:22 PM] |
| Filing 20 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [20] Initial AA Check Due satisfied.. Transcript order due on 11/19/2025 for Appellant GH America Energy, L.L.C. [25-50879] (JAK) [Entered: 11/04/2025 03:04 PM] |
| Filing 17 APPEARANCE FORM FILED by Attorney(s) Mohmed Idris Patel for party(s) Appellee Ken Paxton, Attorney General, State of Texas, in case 25-50879 [25-50879] (EMF) [Entered: 10/31/2025 02:01 PM] |
| Filing 15 APPEARANCE FORM FILED by Attorney(s) Beth Ellen Klusmann for party(s) Appellee Ken Paxton, Attorney General, State of Texas, in case 25-50879 [25-50879] (EMF) [Entered: 10/31/2025 01:58 PM] |
| Filing 13 ATTORNEY NOT PARTICIPATING. Blake Wilson is designated as inactive in this case. Reason:E. Clark will be LEAD. [25-50879] (EMF) [Entered: 10/31/2025 01:56 PM] |
| Filing 12 APPEARANCE FORM FILED by Attorney(s) Elliot Clark for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (EMF) [Entered: 10/31/2025 01:54 PM] |
| Filing 10 APPEARANCE FORM FILED by Attorney(s) Elin Isenhower for party(s) Appellee Pablo Vegas Appellee Linda Capuano Appellee Peggy Heeg Appellee Douglas Fohn Appellee Julie England Appellee Paul Foster Appellee Bill Flores Appellee Carlos Aguilar Appellee Holly Heinrich Appellee Robert Flexon Appellee John Swainson, in case 25-50879 [25-50879] (EMF) [Entered: 10/31/2025 01:51 PM] |
| Filing 9 APPEARANCE FORM FILED by Attorney Elliot Clark for Appellees Douglas Fohn, Holly Heinrich, Pablo Vegas, Paul Foster, Bill Flores, Carlos Aguilar, Linda Capuano, Julie England, Robert Flexon, Peggy Heeg and John Swainson in 25-50879 [25-50879] (EMF) [Entered: 10/31/2025 01:46 PM] |
| Filing 8 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (Mohmed Idris Patel ) [Entered: 10/31/2025 01:21 PM] |
| Filing 7 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-50879] (Beth Ellen Klusmann ) [Entered: 10/31/2025 01:09 PM] |
| Filing 6 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50879] (Elliot Clark ) [Entered: 10/31/2025 10:26 AM] |
| Filing 5 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-50879] (Elliot Clark ) [Entered: 10/30/2025 03:41 PM] |
| Filing 4 ATTORNEY TRANSCRIPT ORDER form filed by Appellant GH America Energy, L.L.C.for the Court to process. Date of service: 10/28/2025 via email - Attorney for Appellees: Greene, Wilson; Attorney for Appellants: Koslowe, Ness. [25-50879] (Eliyahu Ness ) [Entered: 10/28/2025 03:17 PM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellant GH America Energy, L.L.C. [25-50879] (JAK) [Entered: 10/27/2025 03:54 PM] |
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| Search for this case: GH America v. Fohn | |
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| Plaintiff: GH America Energy, L.L.C. | |
| Represented By: | Eliyahu Ness |
| Represented By: | Neil Harris Koslowe |
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| Defendant: Douglas Fohn, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Holly Heinrich, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Pablo Vegas, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Paul Foster, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Bill Flores, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Carlos Aguilar, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Linda Capuano, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Julie England, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Robert Flexon, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: Peggy Heeg, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Defendant: John Swainson, in his official capacity as Assistant General Counsel of the Electric Reliability Council of Texas, Inc. ("ERCOT") | |
| Represented By: | David H. Thompson |
| Represented By: | John Ramer |
| Represented By: | Wallace B. Jefferson |
| Represented By: | Elin Isenhower |
| Represented By: | Nicholas Barrows Bacarisse |
| Represented By: | Elliot Clark |
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| Intervenor: Ken Paxton, Attorney General, State of Texas | |
| Represented By: | Garrett M. Greene |
| Represented By: | Mohmed Idris Patel |
| Represented By: | Monroe David Bryant Jr. |
| Represented By: | Beth Ellen Klusmann Esq. |
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