-ATB McIntosh et al v. Morgan & Stanley et al, No. 3:2010cv00886 - Document 28 (N.D.N.Y 2010)
Court Description: 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 -------------------------------WALTER L. MCINTOSH and DANIEL W. DUMONT, Plaintiffs, v. 3:10-cv-886 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. Wilbur 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 non- 1 The C lient R elationship Agreem ents read in part as follow s: You agree that all controversies that m ay arise betw een us shall be determ ined by arbitration. Such controversies include, but are not lim ited to, those involving any transaction in any of your accounts w ith M errill Lynch, or the construction, perform ance or breach of any agreem ent between us, w hether entered into or occurring prior, on or subsequent to the date hereof. Dockets.Justia.com 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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