Order entered January 9, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01480-CV PLANO AMI LP, ET AL, Appellants V. ERWIN CRUZ, M.D., Appellee On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. 10-16274-E ORDER Before the Court is the parties’ January 4, 2013 joint unopposed motion to consolidate this appeal with cause number 05-12-01559-CV, Cherry Petersen Kandry Albert, LLP v. Erwin Cruz, M.D. The parties’ motion to consolidate the appeals is DENIED. Both cases will be submitted on the same docket to one submission’s panel.

/s/ DAVID LEWIS JUSTICE