COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER

Appellate case name: In re Kenny Bates d/b/a Bates Backhoe Service Appellate case number: 01-13-00037-CV Trial court case number: 11-CV-0328 Trial court: 212th District Court, Galveston County, Texas Real Party in Interest, Jacob Walker, moved to extend the time to file his response to the petition for writ of mandamus filed by relator, Kenny Bates d/b/a Bates Backhoe Service, and to stay proceedings in the trial court pending this Court’s ruling on the mandamus petition. We grant the motion.

It is ordered that real party in interest’s response 1S due Monday, March 4, 2013 The Court stays, until further order of this Court, the underlying proceedings in Jacob Walker v. Kenny Bates d/b/a Bates Backhoe Service, No. 11-CV-0328 (212th Dist. Ct., Galveston Cnty., Tex.). See TEX. R. APP. P 52.10(b).

It is so ORDERED.

Judge’s signature /s/Evenlyn V. Keyes [] Acting individually [] Acting for the Court

Date: February 4, 2013