In re Bats Trading, Inc.

NOTE: This order is nonprecedential

United States Court of Appeals for the FederaI Circuit

IN RE BATS TRADING, INC. (ALs0 KNOWN As BATS EXcHANGE, INc.), THE NASDAQ OMX GROUP, INC., NASDAQ 0MX PHLX, INC., INTERNATIONAL SECURITIES EXCHANGE, LLC, CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED, NYSE EURONEXT, NYSE ARCA, INC., NYSE AM`EX, LLC, SECURITIES INDUSTRY AUTOMATION

CORPORATION, 0PTIONS PRICE REPORTING AUTHORITY, BOSTON 0PTIONS EXCHANGE

GROUP, LLC, CME GROUP, INC., BOARD OF TRADE OF THE CITY 0F CHICAGO, INC., AN1) NEW YORK MERCANTILE EXCHANGE, INC.,

Petiti0ners.

Miscel1ane0us D0cket N0. 964

On Petiti0n for Writ of Mandamus to the United States District C0urt for the Eastern District of Texas in case noS. 09-CV-0327, Judge Le0nard Davis.

ON PETITION FOR WRIT OF MANDAMUS

ORDER

BATS Trading, Inc. et al. submit a petition for a writ of mandamus to direct the United States District Court for the Eastern District of Texas to vacate its orders denying transfer and to direct transfer to the United States District Court for the S0uthern District of NeW York.

Upon consideration thereof,

IT IS ORDERED THAT:

Rea1time Data, LLC is directed to respond no later than November 12, 2010.

FOR THE CoURT

2 6 /sf Jan Horba1y

Date J an Horba1y

C1erk cc: Keith J. Grady, Esq.

Scott F. Partridge, Esq. U.S.COURFEl|l'=`§B’EALS FOR David R. Francescani, Esq. per 2 6 wm M1chael M. Murray, Esq.

Stephen J. Kastenberg, Esq. _(

J ames H. Shalek, Esq.

Robert A. Cote, Jr., Esq. 7

C1erk, United States District Court For The Eastern District Of TexaS s19