United States District Court, S.D. California
October 4, 2005.
LARRY L. JONES and JANET JONES, on behalf of themselves and the class of similarly situated mortgage customers, Plaintiffs,
E*TRADE MORTGAGE CORPORATION, and E*TRADE BANK, Defendants.
The opinion of the court was delivered by: JAMES LORENZ, District Judge
STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE OF COUNT II
OF PLAINTIFFS' COMPLAINT FOR VIOLATION OF THE UNFAIR PRACTICES ACT
PURSUANT TO BUSINESS & PROFESSIONS CODE § 17200 ET. SEQ
Pursuant to Fed.R.Civ.P. 41(a)(1), Plaintiffs Larry and
Janet Jones (jointly "Jones") and Defendants E*TRADE Bank and
E*TRADE Mortgage Corporation (jointly "E*TRADE") hereby stipulate
and agree that Count II of the First Amended Complaint, asserting
a cause of action under California Bus. & Prof. Code §§ 17200 et
seq., should be and hereby is dismissed. Jones agrees not to
reassert or re-file Count II of the First Amended Complaint.
Jones and E*TRADE further stipulate and agree that this dismissal
of Count II shall not affect Count I of the First Amended
Complaint, asserting a cause of action under the federal Truth in
Lending Act ("TILA"). Jones and E*TRADE further stipulate and
agree that as a result of dismissal of Count II, Defendant
E*TRADE Bank is no longer a party in the case and E*TRADE Bank is
therefore dismissed as a defendant from this lawsuit.
WHEREFORE, Count II of the First Amended Complaint is dismissed
and E*TRADE Bank is dismissed as a defendant from this lawsuit.
IT IS SO STIPULATED.
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