NOTE: This order is nonprecedentia1.

United States Court of Appeals for the FederaI Circuit IN RE BNY CONVERGEX GROUP, LLC AND BNY CONVERGEX EXECUTION SOLUTIONS, LLC, Petitioners.

Miscel1aneous Docket No. 961 f On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas in case nos. 09-CV-0326, 10-CV-0248, and 10-CV-0426, Judge Le0nard DaVis.

ON PETITION FOR WRIT OF MANDAMUS ORDER BNY ConvergEx Group, LLC et a1. (BNY) submit a petition for a writ of mandamus to direct the United States District C0urt for the Eastern District of Texas to vacate its August 26, 2010 order denying BNY’s motion to dismiss for lack of personal jurisdiction, and to direct the court to dismiss Realtime Data, LLC’s co1np1aint.

Upon consideration thereof, IN RE BNY CONVERGEX GROUP IT ls ORDERED THAT; Rea1time Data is directed to respond no later than Oc- tober 15, 2010.

FoR THE CoURT 7 /s/ Jan H0rbaly Date J an Horba1y cc: J0hn C. O’Quinn, Esq.

S Samue1F. Baxter, Esq.

Clerk C1erk, United States District Court for the Eastern District Of Texas stse»,s,~~ SEP 2 7‘ 2010 .|AN HORBALY CLERK