COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ § IN RE: No. 08-11-00007-CV § SMITH INTERNATIONAL, INC., AN ORIGINAL PROCEEDING IN § RELATOR. MANDAMUS § §

MEMORANDUM OPINION Pending before the Court is an unopposed motion to dismiss this original proceeding.

The motion is granted, and the proceeding is dismissed. Our previous order staying the trial is vacated, and the motion for extension of time to respond to the mandamus petition is denied as moot.

April 13, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.