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*: June 28, 2012 Type of motion: Motion to Extend Time to File Notice of Appeal Party filing motion: appellant Document to be filed: yes Is appeal accelerated? YES NO Ordered that motion is: Granted If document is to be filed, document due: n/a 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 Radack and Justices Bland and Huddle Date: September 26, 2013