IN THE SUPREME COURT OF TEXAS

No. 08-0886

IN RE HEI RESOURCES, INC., R.D. TUSETH, RICK STRATTON AND STEVEN HEARNE

On Petition for Writ of Mandamus

ORDERED:

1. Relators' emergency motion for temporary relief, filed October 20, 2008, is granted. The order dated August 6, 2008, in Cause No. 42,339, styled Antares Energy Company (USA), Andrew Maclachlan, Inc., Adelphi Energy Texas, Inc., Alpine Drilling Program, LP, Pacer Energy, Ltd., and Index Oil & Gas (USA) LLC v. S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr., HEI Resources East OMG Joint Venture, Heartland Energy Operating, LP, and HEI Resources, Inc., in the 23rd District Court of Wharton County, Texas, is stayed pending further order of this Court. 2. The real party in interest is requested to respond to relator's petition for writ of mandamus on or before 3:00 p.m., November 24, 2008. 3. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this October 24, 2008. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk