In Re Capital One Financial Corp.

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit IN RE CAPITAL ONE FINANCIAL CORPORATION, CAPITAL ONE, N.A., CAPITAL ONE BANK (USA), N.A., PROSPERITY BANCSHARES, INC., PROSPERITY BANK, PATRIOT BANCSHARES, INC., PATRIOT BANK, LEGACY TEXAS GROUP, INC., AND LEGACY TEXAS BANK, Petition,ers. MiSce11aneous Docket No. 123 ` On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas in case no. 11-CV-0092, Magistrate Judge John D. Love. ON PETITION ORDER The petitioners submit a petition for a writ of man- damus to direct the United States District Court for the Eastern District of Texas to vacate its January 30, 2012 order and to direct the district court to (1) transfer of the case to the United States District Court for the S0uthern District of Texas, Houston Division, and (2) sever and

IN RE CAPITAL ONE FINANCIAL 2 transfer claims against Capital One Financia1 Corpora- tion et al. to the United States District Court for the Eastern District of Virginia, Richmond Division. Upon consideration thereof, IT ls ORDERE:o THAT: DataTreasury Corporation is directed to respond no later than Apri1 26, 2012. FoR THE CoURT APR 09 2012 /s/ J an Horba1y Date J an H0rb a1y Clerk cc: John G. F1aim, Esq. Richard P. Stitt, Esq. Lance Lee, ESq. Ne1son J. R0ach, Esq. C1erk, United States District Court for the Eastern District of Texas s19 Fll.ED U.S. CDUHT 0F AFPEALS FOFl THE FEDERAL C!RCUl'F APR U 9 ZU1Z JAN HORBALY GLERK