Order entered May 22, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00995-CV IN RE J.C. PENNEY COMPANY, INC., ET AL., Relators On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-00735 ORDER Based on the Court’s opinion of today’s date, we DISMISS this petition for writ of mandamus. We ORDER that relators bear the costs of this original proceeding, unless the parties have agreed otherwise.

/s/ KERRY P. FITZGERALD JUSTICE