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

On January 14, 2013, relator, Kenny Bates d/b/a Bates Backhoe Service, petitioned for a writ of mandamus. It is ordered that the response of the real party in interest is due Monday, February 4, 2013.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes  Acting individually  Acting for the Court

Date: January 14, 2013