Varela et al v. E*TRADE Bank et al

Filing 31

Chief Judge Mark L. Wolf: ORDER entered adopting in part Report and Recommendations re 21 Report and Recommendations.; granting in part and denying in part 8 Motion to Dismiss. For the foregoing reasons it is hereby ORDERED that: 1. The at tached Report (Docket No. 21) is ACCEPTED in part and MODIFIED in part, and defendants' Motion to Dismiss (Docket No.8) is ALLOWED in part and DENIED in part as follows: a. Count III of the Amended Complaint (Docket No.5) is DISMISSED. b. The cl aims alleged in ~~52(a), (c), and (d) of Count IV of the Amended Complaint are DISMISSED without prejudice to being reasserted in a Second Amended Complaint complying with Federal Rule of Civil Procedure 9(b). c. Count V of the Amended Complaint is D ISMISSED without prejudice to the inclusion in any Second Amended Complaint of a claim alleging a violation of M.G.L. c. 93A, §9. d. The attached Report is otherwise ADOPTED and INCORPORATED in this Memorandum and Order pursuant to 28 U.S.C. §636 (b) (1). 2. Plaintiffs shall file any Second Amended complaint by January 31, 2012. Defendants shall respond by February 14, 2012. (Attachments: # 1 Docket No. 21- Report and Recommendation) (Hohler, Daniel)