IN THE SUPREME COURT OF TEXAS No. 09-0187 IN RE MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; FIXED INCOME SECURITIES, INC. F/K/A FIXED INCOME SECURITIES, L.P.; STERLING RESOURCES, INC.; STERLING MANAGEMENT, L.L.C.; SCOTT COLYER; AND LISA COLYER On Petition for Writ of Mandamus ORDERED: 1. Relator's motion for temporary relief, filed March 5, 2009, is granted. The Order Granting Plaintiff's Amended Motion to Compel, dated February 12, 2009, in Cause No. 08-02644-F, styled Dennis Marlin v. Fixed Income Securities, Inc. f/k/a Fixed Income Securities, L.P., Sterling Resources, Inc., Sterling Management, L.L.C., Merrill Lynch, Pierce Fenner & Smith, Incorporated, Scott Colyer, and Lisa Colyer, in the 116th District Court of Dallas 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., March 23, 2009.

3. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this March 12, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk