in Re Deutsche Bank Ag, Deutsche Bank Securities, Inc. D/B/A Deutsche Bank Alex. Brown, Inc., and David Parse

May 31, 2006 Mr. David M. Bond Boyar & Miller, P.C. 4265 San Felipe, Suite 1200 Houston, TX 77027 Mr. Tom C. Clark Dealey Zimmermann Clark Malouf & MacFarlane P.C. 3131 Turtle Drive, Suite 1201 Dallas, TX 75219 Mr. Franz Michael Stenglein Dewey Ballantine LLP 700 Louisiana, Suite 2050 Houston, TX 77002 Mr. David R. Deary Deary Montgomery Defeo & Canada L.L.P. 2515 McKinney Avenue, Suite 1565 Dallas, TX 75201 RE: Case Number: 06-0358 Court of Appeals Number: 02-06-00101-CV Trial Court Number: 017-212033-05 Style: IN RE DEUTSCHE BANK AG, DEUTSCHE BANK SECURITIES INC. D/B/A DEUTSCHE BANK ALEX. BROWN, INC., AND DAVID PARSE Dear Counsel: Today the Supreme Court of Texas granted the relators' emergency motion to stay district court proceedings pending mandamus proceedings, and issued a stay order in the above-referenced case. The petition for writ of mandamus remains pending before this Court. A copy of this Court's order is enclosed. Pursuant to Tex. R. App. P. 55.1, you are requested to file briefs on the merits in the above-styled case. Please refer to Tex. R. App. P. 55 for the requirements of relators' and real parties in interest briefs. Please note that any party may elect to rely upon the briefs already on file with this Court by notifying this office in writing no later than the due date of the brief. If you elect to rely upon a brief filed with the court of appeals, you must provide twelve copies in accordance with Tex. R. App. P. 9.3(b). The filing of a notification letter shall invoke the same timetable as the filing of a brief. The petition for writ of mandamus has not been granted and remains under consideration by the Court. The briefing schedule is outlined below. See Tex. R. App. P. 55.7. Please note that Tex. R. App. P. 9.2(b) does not apply. All briefs are due to be filed in this office on or before 3:00 p.m. on the due date: Relators shall file their brief within thirty days of this date (on or before June 30, 2006). Real parties in interest shall file their response brief within twenty days after receiving relator's brief (no later than July 20, 2006). Relators shall file any reply brief within fifteen days after receiving real parties in interest's brief (no later than August 4, 2006). Additionally, the Court requests that parties submit a copy of all briefs on the merits (including amicus and post-submission briefs) and the respective petitions, responses, and replies - already on file - in electronic form within ten (10) days of the date of this letter. Also, please submit an electronic copy when filing the hard copies of any brief. Please see the enclosed information for guidelines. Sincerely, [pic] Andrew Weber, Clerk by Gena Pelham, Deputy Clerk Enclosures |cc:|Ms. Stephanie Lavake| | | | | |Mr. Thomas A. Wilder| | | | | |Honorable Fred W. | | |Davis |