Guadagno
Guadagno v. E Trade Bank
Opinion
Opinion
Otero, J.
ORDER GRANTING IN PART DEFENDANT’S MOTION TO COMPEL ARBITRATION AND GRANTING IN PART DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS [Docket Nos. 18, 20]
This matter is before the Court on Defendant E*Trade Bank’s (“E "Trade”) Motion to Compel Arbitration and Rule 12(b)(6) Motion to Dismiss, both filed August 11, 2008. Plaintiff Maria Guadagno filed oppositions to both, to which E*Trade replied. The Court found these matters suitable for disposition without oral argument and vacated the hearings set for January 12, 2009. See Fed.R.Civ.P. 78(b). For the foregoing reasons, E’"Trade’s Motion to Compel Arbitration is GRANTED IN PART and E‘"Trade’s Motion to Dismiss is GRANTED IN PART.
I. BACKGROUND
Guadagno has an interest-earning account with E*Trade, a federally-chartered thrift and savings bank. (Compl. ¶¶ 6, 11.) She uses E*Trade’s online service to pay her bills, instructing E*Trade to withdraw money from her account and send it to her creditors or others in the form of checks or electronic payments. (Compl. ¶¶ 11-12.) Specifically, Guadagno directs E*Trade to begin processing a payment to a creditor on a “start date” three or more business days before the payment’s due date. {See…