McIntosh et al v. Morgan & Stanley et al

Filing 28

DECISION AND ORDER granting Defts 17 Motion to Stay this case and to Compel arbitration. Signed by Senior Judge Thomas J. McAvoy on 11/19/2010. (amt) [Pltfs served via reg. mail]

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-ATB McIntosh et al v. Morgan & Stanley et al Doc. 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------W ALTER L. MCINTOSH and DANIEL W. DUMONT, Plaintiffs, v. MORGAN & STANLEY, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Plaintiffs commenced the instant action against Defendants arising out of the alleged mishandling of certain financial accounts. Presently before the Court is Defendant Merrill Lynch, Pierce, Fenner and Smith Incorporated; Armond R. George; and Susan G. W ilbur's motion to compel arbitration. By Decision and Order dated November 19, 2010, the Court granted a similar application by Defendant Morgan & Stanley. For the reasons stated in the other Order and because Plaintiffs executed Client Relationship Agreements that contain predispute arbitration clauses1 that cover the instant dispute and they have failed to articulate any reason why the arbitration clauses are not valid, do not cover the instant dispute, cover non3:10-cv-886 1 The C l i e n t R e l a t i o n s h i p Agreem e n t s read in part as follow s : Y o u agree that all controversies that m a y arise betw e e n us shall be determ i n e d by arbitration. Such c o n t r o v e r s i e s include, but are not lim i t e d to, those involving any transaction in any of your accounts w i t h M e r r i l l Lynch, or the construction, perform a n c e or breach of any agreem e n t between us, w h e t h e r entered i n t o or occurring prior, on or subsequent to the date hereof. arbitrable claims, or are otherwise not enforceable, the motion (Dkt. No. 17) to stay this litigation and compel arbitration is GRANTED. IT IS SO ORDERED. Dated:November 19, 2010 -2-

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