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.
So, in addition to declaring eTrade in breach of contract for the one transaction before him, the Judge also told eTrade that they should do the right thing and deliver the shares they sold.