IN THE SUPREME COURT OF TEXAS

No. 08-1076

IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY

On Petition for Writ of Mandamus

ORDERED:

1. Relator's emergency motion for temporary relief, filed December 30, 2008, is granted. The order dated December 5, 2008, Order Granting Plaintiffs' Motion to Compel, in Cause No. C200600172, styled Francesca Martinez, individually and as next friend to Arturo Martinez v. Deere & Company d/b/a John Deere Company, et al., in the 18th District Court of Johnson County, Texas, is stayed pending further order of this Court. 2. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this January 14, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk