Order entered December 12, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01007-CV IN RE: J.C. PENNEY COMPANY INC., ET AL, Appellant Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-00735 ORDER Based on the Court’s opinion of this date, we DISMISS relator’s petition for writ of mandamus. Subject to any agreement of the parties, we ORDER that each party bear its own costs of this original proceeding.

/s/ DAVID EVANS JUSTICE