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NORTHSTAR FINANCIAL ADVISORS v. SCHWAB INVESTMENTS

Case No. 08-CV-04119 LHK.

807 F.Supp.2d 871 (2011)

NORTHSTAR FINANCIAL ADVISORS, INC., on Behalf of Itself and All Others Similarly Situated, Plaintiff, v. SCHWAB INVESTMENTS; and Mariann Byerwalter, Donald F. Dorward, William A. Hasler, Robert G. Holmes, Gerald B. Smith, Donald R. Stephens, Michael W. Wilsey, Charles R. Schwab, Randall W. Merk, Joseph H. Wender and John F. Cogan as Trustees of Schwab Investments; and Charles Schwab Investment Management, Inc., Defendants.

United States District Court, N.D. California, San Jose Division.

August 8, 2011.

Attorney(s) appearing for the Case

Christopher T. Heffelfinger, James Christopher Magid, Lesley Ann Hale, Joseph J. Tabacco, Jr., Berman Devalerio, San Francisco, CA, Marc J. Gross, Greenbaum Rowe Smith & Davis LLP, Roseland, NJ, Bryan D. Plocker, Greenbaum Rowe Smith & Davis LLP, Iselin, NJ, Robert C. Finkel, Wolf Popper LLP, New York, NY, for Plaintiff.

Darryl Paul Rains, Morrison & Foerster LLP, Palo Alto, CA, Dorothy L. Fernandez, Morrison & Foerster, San Francisco, CA, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

LUCY H. KOH, District Judge.

The Court heard oral argument on defendants' Motion to Dismiss the Third Amended Complaint (Third MTD) in this matter on August 4, 2011. For the reasons set forth below, the Motion is GRANTED.

I. Introduction and Procedural History

On August 28, 2008, Plaintiff Northstar Financial Advisors, Inc. (Northstar) filed its first complaint in this class action lawsuit on...

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