Legal Opinion

Roling v. ETrade Securities LLC

District Court, N.D. California

Decided March 27, 2012No. C-10-00488 EMCPublished

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

EDWARD M. CHEN, District Judge.

Plaintiffs Joseph Roling and Alexander Landvater have filed a class action against E*Trade Securities, LLC, asserting that it unlawfully charged and collected account inactivity fees from its customers. Currently before the Court is E*Trade’s motion to dismiss Plaintiffs’ claim for violation of New York General Business Law § 349. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS E*Trade’s motion to dismiss.

*1031I. FACTUAL & PROCEDURAL HISTORY

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  4. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  5. Cousins v. LockyerCourt of Appeals for the Ninth Circuit · 2009

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