By issuing an order that the stay pending appeal request is "carried with the case," the motions panel will not rule on it. The merits panel, when it gets the case, can do with it what it wants — take action or just wait until its merits ruling. Order: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749358/gov.uscourts.txwd.1172749358.59.0.pdf