TRIAL COURT OFFICIAL'S REQUEST FOR EXTENSION OF TIME TO FILE RECORD FAX to: Cathy S. Lusk, Clerk, 12th Court of Appeals, Tyler, at (903)593-2193 FILED IN Court of Appeals No. (If known): 12 -15-00223-CV 12th COURT OF APPEALS TYLER, TEXAS Trial Court Style: LUFKIN INDUSTRIES INC VS. INTERNATIONAL 10/1/2015 BUSINESS 12:31:16 PM MACHINES CORP. AND KAT & ASSOC. INC D/B/A FIDELIS ENTERPRISE SOLUTIONS PAM ESTES Clerk Trial Court & County: 159TH JUDICIAL DISTRICT COURT OF ANGELINA COUNTY, TX Trial Court No.: CV-02073-13-02 Date Trial Clerk's Record Originally Due: NOV. 9TH, 2015 Date Court Reporter's/Recorder's Record Originally Due: Anticipated Number of Pages of Record: 2000 I am responsible for preparing a record in this appeal but I am unable to file the record by the original due date for the following reason/s: (Check all that apply - attach additional pages if necessary.)

to the best of my knowledge, the Appellant has made no claim of indigence and has failed to either pay the required fee or to make arrangements to pay the fee for preparing the record.

X my duties listed below preclude working on this record Other. (Explain.): I anticipate this record will be completed and forwarded to the 12th Court of Appeals by NOV. 24, 2015 in which to prepare it. TEX. R. APP. P. 37.3.

In compliance with TEX. R. APP. P. 9.5(e), I certify that a copy of this notice has been served on counsel for all parties to the trial Court's judgment or order being appealed. I further certify by my signature below that the information contained in this notice is true and within my personal knowledge.

October 1, 2015 /S/Robin J. Crain Date Signature 936-634-4312 Robin J. Crain Office Phone Number Printed Name [email protected] Deputy District Clerk E-mail Address (if available) Official Title The following parties have been served with a copy of this document: (Information may be either printed or typed.)

Lead Counsel for APPELLANT(S): Lead Counsel for APPELLEE(S):

Name: R. PAUL YETTER Name: JIM WETWISKA Address: 909 FANNIN STE 3600 Address: 1111 LOUISIANA 44TH FL.

HOUSTON, TX 77010 HOUSTON, TX 77002 Phone no.: 713-632-8000 Phone no.: 713-220-5800 Attorney for: INTERNATIONAL Attorney for: LUFKIN INDUSTRIES INC BUSINESS MACHINE CORP.