COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Dr. Michael (Mikhail) Tyurin v. Hirsh & Westheimer, P.C., Michael D. Conner, and Jessica Levy Appellate case number: 01-17-00014-CV Trial court case number: 2016-45823A Trial court: 234th District Court of Harris County Date motion filed: November 2, 2017 Party filing motion: Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc reconsideration. It is ordered that the motion is denied.

Judge’s signature: /s/ Terry Jennings Acting for the Court the En Banc Court* Date: November 16, 2017 * En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Lloyd, and Caughey.