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FREUDENBERG v. E*TRADE FINANCIAL CORP.

No. 07 Civ. 8538.

712 F.Supp.2d 171 (2010)

Larry FREUDENBERG, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. E*TRADE FINANCIAL CORPORATION, Mitchell H. Caplan, Robert J. Simmons and Dennis E. Webb, Defendants.

United States District Court, S.D. New York.

May 11, 2010.

Attorney(s) appearing for the Case

Brower Piven , by: David A.P. Brower, Esq. , Levi & Korsinsky, LLP, by: Eduard Korsinsky, Esq. , New York, NY, for Plaintiff.

Davis Polk & Wardwell LLP, by: Amelia T.R. Starr, Esq. , New York, NY, for Defendants.

OPINION

SWEET, District Judge.

Defendants E*TRADE Financial Corporation ("E*TRADE" or the "Company"), CEO Mitchell H. Caplan ("Caplan"), CFO Robert J. Simmons ("Simmons") and Capital Markets Division ("EGAM") President Dennis E. Webb ("Webb") (collectively, the "Individual Defendants") have moved to dismiss the Consolidated Amended Class Action Complaint for Violations of the Federal Securities Laws (the "Complaint")1...

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