Order entered January 9, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01559-CV CHERRY PETERSEN LANDRY ALBERT LLP, Appellant V. ERWIN CRUZ, M.D., Appellee On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. 10-16274 ORDER Before the Court is the parties’ January 4, 2013 joint unopposed motion to consolidate this appeal with cause number 05-12-01480-CV, Plano AMI LP, et al v. Erwin Cruz, M.D. The parties’ motion to consolidate is DENIED. Both cases will be submitted on the same docket to one submission panel.

/s/ DAVID LEWIS JUSTICE