IN THE SUPREME COURT OF TEXAS

No. 09-0278

IN RE WILD OATS MARKETS, INC. AND WHOLE FOODS MARKET INC.

On Petition for Writ of Mandamus

ORDERED:

1. Relators' motion for emergency stay, filed April 7, 2009, is granted in part. The jury trial of claims against Whole Foods Market, Inc., in Cause No. 07-11-11990-CV, styled Kuykendahl-WP Retail, L.L.P. I vs. Wild Oats Markets, Inc. and Whole Foods Market, Inc., in the 410th District Court of Montgomery County, Texas, is stayed pending further order of this Court. All other trial court proceedings, including the bench trial of claims against Wild Oats Markets, Inc., are not stayed. 2. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this May 13, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk