Gilliam

Proceedings: Defendant Richard Gilliam’s Motion to Dismiss Two of Plaintiffs’ Claims (Fid 4-20-09)

Plaintiffs’ Motion to Compel Arbitration and to Stay Counterclaims (Fid 4-21-09)

Cause called and counsel make their appearances. The Court’s tentative ruling is issued. Counsel make their arguments. The Court GRANTS the plaintiffs motion to compel arbitration and DENIES the defendant Richard Gilliam’s motion to dismiss and rules in accordance with the tentative ruling as follows:

Counter Defendants Monex Deposit Company (“MDC”) and Monex Credit Company (“MCC”) (collectively, “Monex”) move the Court for an order compelling arbitration of Counter Plaintiff Jason Gilliam’s (“Jason’s”) counterclaims and staying the counterclaims pending arbitration pursuant to 9 U.S.C. §§ 3 and 4. Jason opposes. Richard Gilliam (“Richard”) moves to dismiss the third and fourth claims of Monex’s complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Monex opposes. Monex’s motion is GRANTED; all other relief is DENIED.

I. Motion to Compel Arbitration and Stay Counterclaims

The Court first considers Monex’s motion to compel arbitration of Jason’s…