HfiR-12-2013 15:51 From:GREGG COUNTY 903236BS03 Pa9e:3'3

NO.2OH-2302-A BETTY FITZGERALD, INDIVIDUALLY § IN THE DISTRICT COURT OF AND FOR THE BENEFIT OF ALL 8 WRONGFUL DEATH BENEFICIARIES 8 Plaintiff | ! uSf0FAPpiAL HERITAGE AT LONGVIEW I 12th Court of Apppaic r^fripf HEALTHCARE CENTER, 8 HCRI TEXAS PROPERTIES, LTD D/B/A I APR -1 20I3 HERITAGE AT LONGVIEW § HEALTHCARE CENTER, AND § IH S ACQUISITION NO. 138, INC. D/B/A ft HERITAGE AT LONGVIEW § HEALTHCARE CENTER § Defendant* § 188th JUDICIAL DISTRICT !S^i'm D'S^SS FOR FAILURE TO After considering DEFENDANTS* MOTION TO DISMISS FOR FAILURE TO COMPLY WITH CHAPTER 74 EXPERT RETORT REQUIREMENT, and any responses, the Court finds that the Motion should be DENIED.

IT IS THEREFORE ORDERED that DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO COMPLY WITH CHAPTER 74 EXPERT REPORT REQUIREMENT is hereby DENIED.

SIONEDon ,2013.

PRESIDING JUDGE

EXHIBIT

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