UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DONALD GILBERG, et al., ) ) Plaintiffs, ) ) v. ) ) METLIFE, INC., et al., ) ) Defendants/Third-Party Plaintiffs, ) Civil Case No. 09-1826 (RJL) ) v. ) ) BANK OF AMERICA, N.A., d/b/a U.S. Trust ) Bank of America Private Wealth Management, ) as successor in interest to U.S. Trust Company, ) N.A., ) ) Third-Party Defendant. ) ORDER

For the reasons set forth in the Memorandum Opinion entered this date, it is this

~'1_~f August 2010, hereby ORDERED that u.s. Trust's Motion to Dismiss Third-Party Complaint [#20] is GRANTED; and it is further

ORDERED that defendants' Third-Party Complaint be DISMISSED WITH

PREJUDICE.

SO ORDERED. ,