UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 7, 2011
E*TRADE FINANCIAL CORPORATION,
FIDELITY AND DEPOSIT COMPANY OFMARYLAND, AND DOES 1 THROUGH 20, INCLUSIVE,
The opinion of the court was delivered by: Honorable Claudia Wilken
Compl. Filed: May 11, 2010 Trial Date: August 1, 2011
STIPULATION RE DISMISSAL OF ACTION WITH PREJUDICE AND RELATED COUNTERCLAIMS.
Pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(2), and subject to the terms and conditions of their Release and Settlement Agreement executed on December 30, 2010, E*TRADE Financial Corporation ("E*TRADE") and Fidelity and Deposit Company of Maryland ("Fidelity"), by and through their respective counsel of record, hereby stipulate that the above-captioned action, including all counterclaims and defenses, be dismissed in its entirety with prejudice. Each party is to bear its own attorneys' fees and costs.
Dated: January 5, 2011 REED SMITH LLP By /s/ David E. Weiss David E. Weiss Attorneys for E*TRADE Financial Corporation
Dated: January 5, 2011 SEDGWICK, DETERT, MORAN & ARNOLD LLP REED SMITH LLP A limited liability partnership formed in the State of Delaware By /s/ Brian Harrison Brian Harrison Attorneys for Fidelity and Deposit
S IS A E
D TR Company of Maryland T I
I N ORDERED
IT IS SO
O Claudia R
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