COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause Number: 01-12-00583-CV Trial Court Cause Number: 0967871 Style: Donald Seeberger v BNSF Railway Company Date motion filed*: July 6, 2012 Type of motion: motion to dismiss Party filing motion: appellee Document to be filed: no Is appeal accelerated? YES NO Ordered that motion is: Granted If document is to be filed, document due: Absent extraordinary circumstances, the Court will not grant additional motions to extend time Denied Dismissed (e.g., want of jurisdiction, moot) Other:

Judge's signature: /s/ Sherry Radack Acting individually Acting for the Court Panel consists of Chief Justice Sherry Radack and Justices Bland and Huddle Date: September 26, 2013