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JONES v. E*TRADE MORTGAGE CORPORATION

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,
v.
E*TRADE MORTGAGE CORPORATION, and E*TRADE BANK, Defendants.

The opinion of the court was delivered by: JAMES LORENZ, District Judge

CLASS ACTION

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.

20051004

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