The shareholder gets his refund, he doesn't get his certs.
Agreed, but I should explain that apparently the Judge was highly unimpressed with the fact that a) the investor had already asked for a refund and been refused and that b) he had been asking for his certs not money for 6 years.
Everyone should remember that counsel for Etrade can only act on the instructions they are given, and were probably not privy to the WHOLE story, but it appears that the judge worked out that Etrade were not delivering because they did not have the certificates to deliver.
The investor informed the court he had another trade which would be subject to another case that he was bringing, and I am told it is at this point that the Judge advised counsel for Etrade that maybe their clients should think about delivering the shares rather than wasting the courts time and money.