You write that as if it's a quote. But it isn't. We've only seen the minute conveying the judge's order, which was that Etrade refund the shareholder's money.
There is no other way for it to be interpreted. Plus it is my understanding that the Plaintiff claims that is exactly what the Judge said at the hearing. Plaintiff bought shares through their broker. Plaintiff requested Certificates for those shares purchased. Defendant failed to deliver those Certificates. Breach of contract plain and simple although we know there are some here that will spin it any different way they can.