Oppenheimer & Co. Inc. v. Mitchell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OPPENHEIMER & CO. INC., No. 24-2379 D.C. No. Plaintiff - Appellee, 2:23-cv-00067-

MJP

v.

STEVEN MITCHELL; DORI OPINION

MITCHELL; JEROME HOPPER;

LORI HOPPER,

Defendants - Appellants.

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding Argued and Submitted April 1, 2025 Pasadena, California Filed April 24, 2025 Before: MILAN D. SMITH, JR. and LAWRENCE VANDYKE, Circuit Judges, and JANE MAGNUS- STINSON, District Judge. * Opinion by Judge Milan D. Smith, Jr.

* The Honorable Jane Magnus-Stinson, United States District Judge for the Southern District of Indiana, sitting by designation. 2 OPPENHEIMER & CO. INC. V. MITCHELL

SUMMARY **

Arbitration

The panel affirmed the district court’s order granting summary judgment in favor of Oppenheimer & Co., Inc., which sought a declaration that the Defendants, the alleged victims of a Ponzi scheme, were not its customers and therefore not entitled to arbitration; and entering a permanent injunction prohibiting Defendants…